Thinking about purchasing a home in Miami
Dec 20th 2009, 5:26 am
#76
Joined: Apr 2002
Posts: 35,082
Re: Thinking about purchasing a home in Miami
Did you read this thread? I thought my answer on the first page was very balanced and informative. Certainly an opening for a discussion if the OP had come back.
http://britishexpats.com/forum/showp...95&postcount=7
Lifted from US immigration lawyers' website:
Every Alien is Presumed to be an Intending Immigrant
Section 214(b) is part of the Immigration and Nationality Act (INA). It states:
Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status...
It's not that people said he *would* have a ton of immigration problems, it's that the potential exists. A married 60+ y/o couple who want to live half the year in Boca del Vista are a different profile than a young single guy who wants to live in Miami.
You made two, firm statements that just aren't true.
"As long as the person sticks to the time / in time out rule there is no big deal"
"A guy who owns a house anywhere in the US who stays out of the country for more time than he is in it, is not going to have any serious issues assuming everything he does when he is the USA is completely legal"
Denied Entry with valid B1/2 visa
Working Offshore and Living in the USA
confusion over immigrant intent!!!!
Second trip on VWP
When can I enter on VWP again?
Yes, there are always people who are the exception to the rule and we've all known/of people who are living here on the VWP, but the loophole tightens every month and since the guy asked for advice, I think it's irresponsible to tell him to plunk his money down and buy a house to do something that may result in fail.
Every person's circumstances are different, and it's the totality of circumstances that matters. It's not for us to say to him 'oh you'll be fine, go for it'. It's something he should research, and probably hire an immigration professional to help him with if he's serious.
http://britishexpats.com/forum/showp...95&postcount=7
Lifted from US immigration lawyers' website:
Every Alien is Presumed to be an Intending Immigrant
Section 214(b) is part of the Immigration and Nationality Act (INA). It states:
Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status...
It's not that people said he *would* have a ton of immigration problems, it's that the potential exists. A married 60+ y/o couple who want to live half the year in Boca del Vista are a different profile than a young single guy who wants to live in Miami.
You made two, firm statements that just aren't true.
"As long as the person sticks to the time / in time out rule there is no big deal"
"A guy who owns a house anywhere in the US who stays out of the country for more time than he is in it, is not going to have any serious issues assuming everything he does when he is the USA is completely legal"
Denied Entry with valid B1/2 visa
Working Offshore and Living in the USA
confusion over immigrant intent!!!!
Second trip on VWP
When can I enter on VWP again?
Yes, there are always people who are the exception to the rule and we've all known/of people who are living here on the VWP, but the loophole tightens every month and since the guy asked for advice, I think it's irresponsible to tell him to plunk his money down and buy a house to do something that may result in fail.
Every person's circumstances are different, and it's the totality of circumstances that matters. It's not for us to say to him 'oh you'll be fine, go for it'. It's something he should research, and probably hire an immigration professional to help him with if he's serious.
Last edited by meauxna; Dec 20th 2009 at 5:29 am.
Dec 20th 2009, 7:40 am
#77
Lost in BE Cyberspace
Joined: Jul 2007
Location: Cincinnati, Ohio
Posts: 8,497
Re: Thinking about purchasing a home in Miami
I don't really see the issue here myself. The guy was told from the get go, that basically he was going to hit a ton of immigration problems. I disagree.
I disagree because, assuming said home is a holiday home, which the OP came back and basically said yes it was, then there is no issue.
As for the comments about visiting a lot, I don't think that is an issue.
As long as the person sticks to the time / in time out rule there is no big deal. I personally flew in and out of the States pretty much on a two weekly basis at once point ...and never had an issue at multiple POE's. Why, because I never infringed on the system. And yes, I liked to have a holiday or visit people. And more than once a quarter!
It is not illegal to own a vacation home. A guy who owns a house anywhere in the US who stays out of the country for more time than he is in it, is not going to have any serious issues assuming everything he does when he is the USA is completely legal. i.e. he doesn't start applying for jobs or something similar.
Yes, of course at POE they can ask you anything, refuse you entry if they absolutely want too but a law abiding vacationer, why would they. It really is most unlikely.
Sometimes I think people just want to make more of it all than it is actually is. Why, I have no idea. Perhaps it adds to their own perceived self importance.
I disagree because, assuming said home is a holiday home, which the OP came back and basically said yes it was, then there is no issue.
As for the comments about visiting a lot, I don't think that is an issue.
As long as the person sticks to the time / in time out rule there is no big deal. I personally flew in and out of the States pretty much on a two weekly basis at once point ...and never had an issue at multiple POE's. Why, because I never infringed on the system. And yes, I liked to have a holiday or visit people. And more than once a quarter!
It is not illegal to own a vacation home. A guy who owns a house anywhere in the US who stays out of the country for more time than he is in it, is not going to have any serious issues assuming everything he does when he is the USA is completely legal. i.e. he doesn't start applying for jobs or something similar.
Yes, of course at POE they can ask you anything, refuse you entry if they absolutely want too but a law abiding vacationer, why would they. It really is most unlikely.
Sometimes I think people just want to make more of it all than it is actually is. Why, I have no idea. Perhaps it adds to their own perceived self importance.
http://britishexpats.com/forum/showthread.php?t=645556
Dec 20th 2009, 10:18 am
#78
BE Enthusiast
Joined: Aug 2009
Location: Houston, Texas
Posts: 504
Re: Thinking about purchasing a home in Miami
A one off occasion that we know very little detail about apart from poor spelling of the OP?
I hardly think that constitutes significant trend. How many British people go to the US each year, and enter without issue. Statistically, the people refused entry must be almost insignificant.
What I said was that yes at the POE you could theoretically have a problem, but its highly likely that you will not assuming all is in order.
I hardly think that constitutes significant trend. How many British people go to the US each year, and enter without issue. Statistically, the people refused entry must be almost insignificant.
What I said was that yes at the POE you could theoretically have a problem, but its highly likely that you will not assuming all is in order.
Dec 20th 2009, 10:41 am
#79
Septicity
Joined: May 2004
Posts: 23,762
Re: Thinking about purchasing a home in Miami
A one off occasion that we know very little detail about apart from poor spelling of the OP?
I hardly think that constitutes significant trend. How many British people go to the US each year, and enter without issue. Statistically, the people refused entry must be almost insignificant.
What I said was that yes at the POE you could theoretically have a problem, but its highly likely that you will not assuming all is in order.
I hardly think that constitutes significant trend. How many British people go to the US each year, and enter without issue. Statistically, the people refused entry must be almost insignificant.
What I said was that yes at the POE you could theoretically have a problem, but its highly likely that you will not assuming all is in order.
So we're talking one in a thousand. But our guy is young, single, has no abode elsewhere, would own a house here, and will be making frequent visits for vacation time. All these have increased his chances multiple fold. And every time he appears in the computer for another entry, the red flags flap harder. The possibility of a denied entry is significant if he follows his plan.
Dec 20th 2009, 11:29 am
#80
Joined: Apr 2002
Posts: 35,082
Re: Thinking about purchasing a home in Miami
Loads go to the US each year as visitors. I seem to remember reading somewhere the rejection figure for VWP entry was around one in a thousand. I can't be bothered to research it so if you want to prove otherwise, Google is your friend. But this figure seems a sensible OOM.
So we're talking one in a thousand. But our guy is young, single, has no abode elsewhere, would own a house here, and will be making frequent visits for vacation time. All these have increased his chances multiple fold. And every time he appears in the computer for another entry, the red flags flap harder. The possibility of a denied entry is significant if he follows his plan.
So we're talking one in a thousand. But our guy is young, single, has no abode elsewhere, would own a house here, and will be making frequent visits for vacation time. All these have increased his chances multiple fold. And every time he appears in the computer for another entry, the red flags flap harder. The possibility of a denied entry is significant if he follows his plan.
I've spent as much time as I'm going to 'trying' to convince him that the topic has any depth beyond his experience.
Dec 20th 2009, 8:45 pm
#82
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Joined: Aug 2009
Location: Houston, Texas
Posts: 504
Re: Thinking about purchasing a home in Miami
Dec 21st 2009, 1:56 am
#83
Septicity
Joined: May 2004
Posts: 23,762
Re: Thinking about purchasing a home in Miami
What do you suggest we tell him?
Dec 21st 2009, 5:10 am
#84
Joined: Apr 2002
Posts: 35,082
Re: Thinking about purchasing a home in Miami
I'm just sayin'... you didn't have a problem accepting that the collective we know what we were talking about when it came to your immigration case, so I don't know why now we're just spouting crap according to you.
No harm, no foul (but it's weird there were 2 new cases of being bounced posted w/in 24 hours...).
Dec 21st 2009, 5:59 am
#85
Account Closed
Joined: Mar 2004
Posts: 2
Re: Thinking about purchasing a home in Miami
Fixed it for ya. For real!
I'm just sayin'... you didn't have a problem accepting that the collective we know what we were talking about when it came to your immigration case, so I don't know why now we're just spouting crap according to you.
No harm, no foul (but it's weird there were 2 new cases of being bounced posted w/in 24 hours...).
I'm just sayin'... you didn't have a problem accepting that the collective we know what we were talking about when it came to your immigration case, so I don't know why now we're just spouting crap according to you.
No harm, no foul (but it's weird there were 2 new cases of being bounced posted w/in 24 hours...).
Unless you are looking at it from a long term investment point of view then you would be much better of renting somewhere.
I do not know about the Miami market so the logicality of that is another issue.
Dec 21st 2009, 6:01 am
#86
Joined: Apr 2005
Location: Milwaukie, Oregon
Posts: 9,974
Re: Thinking about purchasing a home in Miami
Couple of things I learned about immigration officers working alongside them for a considerable number of years.
1) They are very good at seeing something which looks innocent but to them is a tell tell sign something isn't right.
2) They can and do ask any question that pops into their head and they are always ask for a reason
1) They are very good at seeing something which looks innocent but to them is a tell tell sign something isn't right.
2) They can and do ask any question that pops into their head and they are always ask for a reason
Dec 21st 2009, 6:34 am
#87
BE Enthusiast
Joined: Aug 2009
Location: Houston, Texas
Posts: 504
Re: Thinking about purchasing a home in Miami
Fixed it for ya. For real!
I'm just sayin'... you didn't have a problem accepting that the collective we know what we were talking about when it came to your immigration case, so I don't know why now we're just spouting crap according to you.
No harm, no foul (but it's weird there were 2 new cases of being bounced posted w/in 24 hours...).
I'm just sayin'... you didn't have a problem accepting that the collective we know what we were talking about when it came to your immigration case, so I don't know why now we're just spouting crap according to you.
No harm, no foul (but it's weird there were 2 new cases of being bounced posted w/in 24 hours...).
What I said, and still stand by, was that I disagreed with the general opinion expressed herewith that there was a "general" problem.
As for the two most recent cases, it seems that both people were going into Philadelphia and had some background issues it appears from their posts. Of course, someone can get stopped and questioned. Some might get refused.
But 6.5 million Brits visit the US every year as visitors, the numbers getting refused are not significant.
Dec 21st 2009, 9:57 am
#88
So I am where?
Joined: Oct 2009
Location: North Carolina
Posts: 485
Re: Thinking about purchasing a home in Miami
Couple of things I learned about immigration officers working alongside them for a considerable number of years.
1) They are very good at seeing something which looks innocent but to them is a tell tell sign something isn't right.
2) They can and do ask any question that pops into their head and they are always ask for a reason
1) They are very good at seeing something which looks innocent but to them is a tell tell sign something isn't right.
2) They can and do ask any question that pops into their head and they are always ask for a reason
One time coming back from a cruise while on my H1B1, the immigration officer asked me if I enjoyed the cruise and then asked me what did I do in Miami.
I replied and he said glad you answered that correctly, there was a little code on my H1B1 that basically told him what I do, if I had answered differently, I would have been detained for questioning.
Dec 21st 2009, 1:48 pm
#90
SUPER MODERATOR
Joined: Dec 2005
Posts: 88,085
Re: Thinking about purchasing a home in Miami
One time coming back from a cruise while on my H1B1, the immigration officer asked me if I enjoyed the cruise and then asked me what did I do in Miami.
I replied and he said glad you answered that correctly, there was a little code on my H1B1 that basically told him what I do, if I had answered differently, I would have been detained for questioning.
I replied and he said glad you answered that correctly, there was a little code on my H1B1 that basically told him what I do, if I had answered differently, I would have been detained for questioning.
Remember Immigration Officers only ask you questions that they know the answer to.
