ST_Fund

Hi all, where to start??? sorry it's a bit long winded but i want you to hear all the facts so as to try and get the best advise/help, i feel we do not have a simple clear cut case here!!


Ok, if you don't mind i will generalise all the facts, but if i can get some good help privately from a lawyer Pro bono) of a knowledgable visa expert then i will share all details with you including names etc etc as the Olympic hopeful is only 14 years old and this is a genuine case as anyone helping us will find out.


Basically we (dad and daughter) have been travelling to and from the USA to train and compete since October 2011, we started this on a visa waiver and the 1st one was for 90days which we left on time in mid january 2012, back to the UK to train briefly then went back to the usa at the end of Jan 2012 as requested by the usa coach for more training and competing, went back without a problem for a further 3 months again on a visa waiver, she's been there continuously competing in the USA at a very high level, we left the Usa again at the end of april 2012 within the 90 day limit set out, whilst there i went to the local school who let my daughter attend for social interaction even though she was home schooled and this is where we came unstuck, on our 3rd visit back to the USA, when entering in early may they asked if she had attended school in the usa and not wanting to hide anything i answered honestly and told them that she had attended a local school just for social reasons, at no time did the school ask us for anything or indicate that we had done anything wrong (I didn't think so either at the time) and being in the midwest they thought it was great for the children to experience a child with a different culture interacting with their pupils for a few hours a day.


We were then held in immigration for over 3.5 hours and were informed that we had broke the visa waiver rules and would now be sent back where we would need to go and re apply at the embassy for the correct visa category, A senior immigration offical then intervened and informed us that they had checked out my daughter who when googled came up everywhere as shes been in the sport for over 10 years, they knew and admitted to us that what we had told them was the truth and that the visa area in question was a grey area and that my daughter was a special case, he then said he would have done the same had it been his daughter, with this he gave us a parole into the US under humanitarian reasons and allowed us to travel to our US destination which was the Olympic training centre, they took pictures and fingerprints, gave us the interview paperwork which we are to hand in at the US Embassy in london when we got back and we now have our interview which i have booked at the moment for the 7th sept 2012.


I must point out that her US coach has just finished the olympics securing 2 Olympic golds for the Usa so my daughters training is of the highest level, I'm happily married and have 2 other children, wife and house back here in the UK, shes is also training with a GB coach when in the UK who fully supports her training regime in the USA (better training and facilitys), We are not USA citizens nor do we wish to be and cannot represent the USA only our own country in the Olympics, I have letters of support from her GB coach the USA coach and a state senator all supporting her training in the USA, we will represent GB in the 2016 Olympics in Rio, Brazil barring any injury of course.


Any advise and help would be greatly appreciated in getting through this embassy interview, She's been invited back to the USA to trial for their 2013 team so we have applied for a B2 visa as informed by the embassy for myself and my daughter, upon being accepted to the team we would then have the Coach petition her for a H3 visa to continue there and i would apply for myself on a B2 visa. we will still travel back regular for UK competition and Squad training. My company work of 6 years has given me a sabatical of a year while she trains there too, they are also considering applying for an L1a for me as they are interested in having new US offices but something for the near future and maybe not right now...


Everything we have done for the last 10 years has been family funded and GB will not fund any athletes outside the UK even if its to their benefit which makes things harder for us but we refuse to let it affect future plans for her.

Can anyone please help/advise us to prepare for this interview like what paperwork and evidence we need so as to get the best possible case together to let us travel back to USA.


A Great Website & Thank You All In Advance

Noorah101

Never use a "knowledgable visa expert", you should only consult with a reputable immigration attorney. That said, when you go for a consultation (pro bono, as you say) with the immigration attorney, make sure he knows you intend to post what he says on the internet. However, that might make him change what he says to you, which could be detrimental to you, so the best thing to do is have your consultation and then NOT post what he says on the internet.

Interview for which visa? Did you find the relevent one already, without talking to an attorney yet?

Oh dear. I can see this ending badly. A B-2 doesn't do anything for her that the VWP didn't do. You got bad advice from the POE agent. A B-2 usually only given to someone of retirement age. Keep in mind that if her B-2 is denied, she will have to do a new ESTA form and mark that she's been denied a visa to the USA. That, in turn, will cause ESTA to be denied, which means she won't be able to use the VWP either, for perhaps 6 to 12 months, until ESTA can be approved again.

What are YOU doing for a visa? Are you both applying for a B-2? Or only she is applying for a B-2 and you're still going to travel on the VWP?

I hope I'm wrong, but prepare yourselves for a B-2 denial, and a subsequent ESTA denial.

Why didn't you just have the coach start the H3 right away, instead of trying for a B-2 first? Also, keep in mind that you might not get a B-2 yourself, and if you try and it's denied, you also won't be visiting on the VWP for a while (6 to 12 months), so if your daughter is successful getting an H3, she might be living in the USA alone (well, without you).

You NEEEEED to consult with a very experienced immigration attorney who specializes in visas for special athletes. This is not a DIY case. You've already applied for the B-2, so now all you can do is go to the interview with as much information as possible, showing that you are ONLY visiting the USA, NOT working, NOT going to school, and NOT intending to remain there.

Good luck, let us know how it turns out, and consult with an immigration attorney ASAP.

Rene

ST_Fund

The Interview is for a B1/B2 visa because she is only trialing for the 2013 season, she cannot apply for a H3 until they agree to accept her for next seasons training.

Heres what we recieved fro the consulate.

Thank you for your email correspondence.



The appropriate visa classification for your daughter depends on her purpose of travel. If she will be attending a formal training program at a recognized institution, she should obtain a Form I-20 from the institution and apply for an M-1 visa. Please see our website at http://london.usembassy.gov/students.html for more information.



For information about O-1 and P-1 visas, for nationally or internationally renowned athletes wishing to perform in the United States, please contact the United States Citizenship and Immigration Services (USCIS) via www.uscis.gov regarding filing a petition in xxxxxxxxxxxx name.



If you and xxxxxxxxxxxx wish to apply for B-2 visas in order that a consular officer may review your case, you may do so. Please see our website at http://london.usembassy.gov/b2.html for details. Please be aware that you will each be required to demonstrate to the satisfaction of the adjudicating consular officer that you overcome Section 214(b) of the Immigration and Nationality Act (INA), which stipulates that all applicants are presumed to be intending immigrants unless they can establish otherwise. Applicants typically confirm that they are bona fide visitors by demonstrating sufficiently strong social, economic and familial ties to their place of residence to compel them to depart the United States after a brief visit.


Sincerely,


Consular Information Unit

U.S. Embassy, London

CONS/CIU/JH

Noorah101

Yes, they are correct in that you CAN apply for a B-2. However, I'm just saying be prepared for a denial.

Rene

scrubbedexpat099

Why does the Lawyer need to be pro bono? Especially with the enormous sums you seem to be spending.

I would have thought a Student Visa for her to go to school and also train. If there are USC's also attending the facility then they must have an education tie in.

ST_Fund

Hi Rene

Thank you for your response, so how do i avoid a denial?? I thought by preparing a good case at the interview for her trialing in the USA that they would accept us to travel, if accepted into the team we would then file her for an H3 visa???

They can see that we travel back on a regular basis and have tried to stay within all their rules??

She is the only foreign national at this facility and we need all our funding for her training as its very expensive!!

Noorah101

See my Post #2, where I mentioned what to bring to the interview.

One can hope. But realistically, one should also be prepared for a denial. Most people who are eligible to travel on the VWP do NOT get B-2 visas approved. Put into the mix that your daughter isn't really visiting the USA, she's there for a specific purpose, which is not related to tourism.

Hopefully this will work in your favor. Don't count on the fact that they can "see" this...bring documentation.

Understandable, but for this type of thing you are going to need a very good immigration lawyer, and that will just have to be part of the funding for the continuation of her training.

Rene

ST_Fund

Hi Rene

We have to apply for the B2 visas because they revoked both of our visa waivers on our 3rd visit so we now have to apply at the embassy, it says if you are trialing in the usa that it also falls under the B2 visa category.

Noorah101

OK, I did not realize the VWP was completely revoked. Did they write something in your passports at the POE?

Please let us know how it turns out. When is your interview date?

Rene

Noorah101

What is the "it" in your paragraph above?

Rene

DavidLemon

I thought client confidentiality was a one way thing owned by the client not the lawyer? Therefore the lawyer can not say a word but the client can tell whomever they please. Or have i got that completely wrong?

Noorah101

I don't know for sure, but I know that some attorneys would not like their closed-door advice being posted on the internet for everyone to read.

Rene

ST_Fund

Part of the B1/B2 travel visa includes this section which is what they quoted and told this applys to us by the London embassy
http://screencast.com/t/G1Mp9W8l

Then after being accepted for the team we would then return to the UK and apply for a H3 visa listed here with support by the petitoner (usa training venue)
http://screencast.com/t/FxOnR1STX

Both seen at this link
http://travel.state.gov/pdf/BusinessVisa.pdf

Please correct me if the London Embassy have quoted us the wrong visa category, the information was also discussed by London with the state senators secretary who helped formulate the letter of support from the senator sent us via the washington state senate in support of our training at this facility???

Noorah101

So you have a letter of support for the B1/B2 visa, from the Washington State Senator's secretary? That might help your case, if the ConOff lets you show any evidence.

Interesting that you're now talking about the B-1 visa, rather than the B-2. It usually comes as a combo (B1/2), but before you were just mentioning the B-2 part, which is for tourism. The B-1 part is for doing certain limited types of business activities in the USA. After reading the link, it seems athletes might be able to get a B-1 visa. Good luck, keep us posted.

Rene

ST_Fund

Yes sorry for the confusion Rene

This is the answer the state secretary got from the embassy...

Mr xxxxxxx and xxxxxxx are not prohibited from applying for B-2 visas in order for a consular officer to review their case and advise them further. However, it should be noted that as with all nonimmigrant visa applicants, Mr. xxxxxx and xxxxxxxx will be required to establish their eligibility for visas under Section 214(b) of the Immigration and Nationality Act. This Section of law states in part that applicants are considered to be intending immigrants until they prove otherwise. At the time they apply for visas Mr. xxxxxxx and xxxxxx will be required to show that their stay in the United States is temporary and that they have residence abroad to which they will return at the end of their visit.

This is usually demonstrated by strong social and economic ties to the United Kingdom that would necessitate their departure from the United States after their temporary stay.

Can anyone give me examples of evidence relating to the last paragraph which they showed to the embassy and was successfully accepted as strong social and economic ties to the United Kingdom as i would like to get everything as ready as i can for the interview and just need to get the documents ready!!

Thanks again for your help and advise!!