Rockgurl

I am waiting for my green card to be processed, and am anticipating emigrating within the next 6 months, but I travel to the US every month on a visa waiver to visit a friend. When I enter the US on a visa waiver, technically I am not entering with intent to stay, but if they checked and discovered that I am applying for a green card, can they refuse me entry? I have no history of overstaying and only stay 1-2 weeks every month/six weeks. Is this suspicious and should I stop going so often?

I really want to start moving my stuff over bit by bit but I am afraid that they will think I am trying to stay before my green card is processed, although I am not. I want to do everything legally but I'm not sure how strict this is.

Ingo Pakleppa

On Wed, 15 Jan 2003 12:54:52 +0000, Rockgurl wrote:


    > I am waiting for my green card to be processed, and am anticipating
    > emigrating within the next 6 months, but I travel to the US every month
    > on a visa waiver to visit a friend. When I enter the US on a visa
    > waiver, technically I am not entering with intent to stay, but if they
    > checked and discovered that I am applying for a green card, can they
    > refuse me entry? I have no history of overstaying and only stay 1-2
    > weeks every month/six weeks. Is this suspicious and should I stop going
    > so often?

Even without a Green Card pending, entering the US that frequently on the
visa waiver can be problematic, and people have been denied admission. On
the other hand, you really have little to lose. If you are denied
admission, you have two options. The bad one is to let INS put you into
"expedited removal" procedure. The good option is to, as soon as you feel
you won't be admitted, ask INS to withdraw your application for admission.
Fortunately, that's what INS will normally assume anyway. They usually
only do expedited removal if you start arguing with them, or lie about
something, or so.

If you ask to withdraw your application for admission, you will be put on
the next plane back, but there won't be any black mark on your record, and
you will get your Green Card eventually.

If INS did put you into expedited removal proceedings, then the situation
is different: in that case, you would be considered deported, and
therefore banned for five years.

    > I really want to start moving my stuff over bit by bit but I am afraid
    > that they will think I am trying to stay before my green card is
    > processed, although I am not. I want to do everything legally but I'm
    > not sure how strict this is.

Don't start moving stuff until you have your immigrant visa. Having stuff
with you that is not typical for the stated purpose of your visit is a big
red flag for INS and makes it far more likely that they will not admit
you.

Rockgurl

Thank you very much...that is very helpful. I kind of thought it may be like that but I really needed to hear details of what to expect. Cheers!