Elvira

Oops.......... good catch - thanks Ray !!! :embaressed_smile: .......... sorry MATT !!!

yc2m

Hi Guys, I'm back again, looking for another piece of advice, please.

OH and I are arranging to meet with a highly recommended Immigration Attorney, before I depart US on Saturday. In the meantime I have still be trying to read and learn all I can about the VWP and B2 visas. I have also spoken to a couple of other attorney's and they can't understand why I was advised to get a B2. I've checked through my passports, and during the past 6.5 years I've spent 43 weeks in the US in total. They seem to think this is quite minimal compared to others using th VWP, and also suggested that ESTA would have denied me the visa immediately if there was and indication of abuse of this visa.

If I get the same scenario from the meeting with attorney later this week, do you think it would be wise to try and speak to an IO in Newark on Saturday, when I'm returning home, just to clarify exactly what I did wrong? I did explain to the attorneys I've spoken with already, exactly what the IO said to me last week Re: B2, but, they seem to think that the IO issued me with misguided advice. In a nutshell they've said, I run a very high risk of being denied B2, given then the VWP criteria, and that I more than meet these requirements, and that I've never overstayed, and in their opinion have left more than enough time between visits.

I'm so confused about all this conflicting advice , and your opinion would be much appreciated; thanks Guys!

Noorah101

I don't think this will really help you at all, because it won't be the same POE agent letting you through on your next visit. It is really up to the POE agent, each and every time you visit the USA, so the advice of one won't necessarily match the way another one feels about it on the day you actually arrive next time.

Rene

meauxna

The same goes for what the attorneys have said... it doesn't matter what their opinion is, only the particular border agent you're dealing with at any given moment.

crg

That's what I said too. They cannot compel people to stop using the VWP without a formal visa waiver refusal.

Contacting an IO in Newark would be pointless. As the others have pointed out, they could say "Sure, no problem, come on back anytime" and they are not bound by anything the IO says. Just like they aren't bound by anything the other IO said about needing a B2 visa.

DeanUK2US

I'd still go on the VWP if I were in your shoes. The 'system' says you should, so it's a risk that you have to take if you want to enter the US, and given that you are very likely to be denied the B2.

Just my opinion, btw.

yc2m

Thanks, DeanUK2US; from what I've read and information obtained from immigration laywers that seems to be my best opion.
Just really worried that I will be denied entry, but unless I don't try, I guess, I'll never know.

DeanUK2US

No problem. Good luck!

hopeful_Mark

Just a thought, if you were to apply for a B2 and get denied then would that not give you problems traveling on the Visa Waiver, you would have to tick denied a visa. Just seems to be a vicious circle, as there is always the risk of being denied entry I think I would be inclined to try using the Visa Waiver next time.

yc2m

Hi hopeful_Mark,
yeah, that would seem to be the case. I've got an appt with a highly recommened lawyer tomorrow, so hopefully they can shed some light. But, like you said, it's like a vicious circle!!

yc2m

Update.....
Just back from visit to immigration lawyer, who told me, as did some of you, not to touch the B2 visa, unless I was planning to stay for > 90 days! Lawyer went through a few different possible options for my son and I to get to US, including getting married to OH, who is LPR and then filing an I-130. They did state that during this time, until a visa was available, we wouldn't be able to visit US

So there you have it guys, we will TRY and visit US on VWP, for now. During this time, I shall carry supporting evidence of my intended return to UK, which will hopefully be enough to convince IO that I have no intention of doing ANYTHING illegal, like overstaying, which I never have done and never will!

Please keep your fingers crossed that I don't get turned away at immigration and thanks for all your help, everyone!
yc2m

DeanUK2US

Thanks for getting back to everyone. Good luck!

notacrime

Thanks for posting the update. Let us know how you get on next time you visit.

meauxna

Just so you know, you are not prohibited from visiting when you have an I-130 pending, but that is the most conservative stance to take.
Some people do and have no problems at all for short visits.

crg

I concur with meauxna. It's not prohibited, but it can raise concerns. The concerns can be overcome.