Visa Waiver
#1
I love Marmite, she don't
Thread Starter
Joined: Jan 2005
Posts: 454
Visa Waiver
My 84 yr old F-I-L 90 day Visa Waiver stay runs out in Feb and I understand Mexico and Canada will not renew it (even for a 3 day trip ?).
So what countries will? We'd like for him to stay another 45 days if we can to help out our travel plans and send him to the UK then and then apply then for a family visa (Father of USC) whilst he's back in the UK. So, I'm looking for a legal 45 day extension (new VW entry) so need a country? Brit Virgin Isles? Turks and Caicos? Bermuda? (somewhere legal and cheap flights ).
Franc
So what countries will? We'd like for him to stay another 45 days if we can to help out our travel plans and send him to the UK then and then apply then for a family visa (Father of USC) whilst he's back in the UK. So, I'm looking for a legal 45 day extension (new VW entry) so need a country? Brit Virgin Isles? Turks and Caicos? Bermuda? (somewhere legal and cheap flights ).
Franc
#2
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Joined: Feb 2006
Location: Maryland
Posts: 667
Re: Visa Waiver
My 84 yr old F-I-L 90 day Visa Waiver stay runs out in Feb and I understand Mexico and Canada will not renew it (even for a 3 day trip ?).
So what countries will? We'd like for him to stay another 45 days if we can to help out our travel plans and send him to the UK then and then apply then for a family visa (Father of USC) whilst he's back in the UK. So, I'm looking for a legal 45 day extension (new VW entry) so need a country? Brit Virgin Isles? Turks and Caicos? Bermuda? (somewhere legal and cheap flights ).
Franc
So what countries will? We'd like for him to stay another 45 days if we can to help out our travel plans and send him to the UK then and then apply then for a family visa (Father of USC) whilst he's back in the UK. So, I'm looking for a legal 45 day extension (new VW entry) so need a country? Brit Virgin Isles? Turks and Caicos? Bermuda? (somewhere legal and cheap flights ).
Franc
In addition to this I guess he has travel insurance, they would generally only cover 90 days at a time.
Last edited by Longy; Jan 7th 2009 at 1:59 pm.
#3
Re: Visa Waiver
Since your FIL is already inside the USA now, and your long term goal is to make him a US PR, you might want to look into having him stay in the USA and file an adjustment of status (rather than going back to the UK and doing an Immigrant Visa). You might want to consult with an immigration attorney to see if this will work in your plans. Unless he absolutely must get back to the UK, I'm thinking at his age, might be nice to avoid all that travel.
Rene
Rene
#4
Re: Visa Waiver
"Top Up" for VWP is a risky business. It's a common idea--just head overseas for a few days and come back, but immigration folks will notice a pattern pretty quickly. Mexico/Canada and the islands are not an option.
From the US Embassy in Canada:
"You cannot extend the time on the Visa Waiver Program. The 90 days also includes any time spent in Canada, Mexico and adjacent Islands. Therefore you cannot cross the border into these areas and then return for another 90 days. You can however ask for re-entry on the Visa Waiver Program if you have left the Continent."
However, an overstay of a VWP can be forgiven if there is an AOS request from a US citizen. However, they have to remain in the US for the entire duration of the adjustment (6 months to 1 year) and should they leave I believe they'll be subject to the ban regardless of the AOS request. This is a pretty risky option though some do it.
Honestly I think the best advice is to send him home and prepare for his move over with a Green Card or a formal visitor's visa.
From the US Embassy in Canada:
"You cannot extend the time on the Visa Waiver Program. The 90 days also includes any time spent in Canada, Mexico and adjacent Islands. Therefore you cannot cross the border into these areas and then return for another 90 days. You can however ask for re-entry on the Visa Waiver Program if you have left the Continent."
However, an overstay of a VWP can be forgiven if there is an AOS request from a US citizen. However, they have to remain in the US for the entire duration of the adjustment (6 months to 1 year) and should they leave I believe they'll be subject to the ban regardless of the AOS request. This is a pretty risky option though some do it.
Honestly I think the best advice is to send him home and prepare for his move over with a Green Card or a formal visitor's visa.
#5
Account Closed
Joined: Mar 2004
Posts: 2
Re: Visa Waiver
Somebody asked on another thread and never got a response.
What have you done re US Medical Insurance?
What have you done re US Medical Insurance?
#6
Re: Visa Waiver
At 84, wouldn't the guy have a reasonable shot at a B-tourist visa, allowing 6-months entry at a time?
#8
Re: Visa Waiver
Ray's right. It's really hard at that age.
However, I've discovered that in some states there is a movement toward what is called a 'High Risk Pool' insurance, partially run by the state and partially run by a private company. For example in Maryland, we have the Maryland Health Insurance Plan (MHIP) which is for people who have been denied insurance due to age or a condition
http://www.marylandhealthinsuranceplan.state.md.us/
Not awful rates. I think they have them in other states as well (California has one).
However, I've discovered that in some states there is a movement toward what is called a 'High Risk Pool' insurance, partially run by the state and partially run by a private company. For example in Maryland, we have the Maryland Health Insurance Plan (MHIP) which is for people who have been denied insurance due to age or a condition
http://www.marylandhealthinsuranceplan.state.md.us/
Not awful rates. I think they have them in other states as well (California has one).
#9
I love Marmite, she don't
Thread Starter
Joined: Jan 2005
Posts: 454
Re: Visa Waiver
Thanks everyone. The intent eventually of getting the Visa is NOT to let him stay for any longer than travel insurance will allow which currently at his age, is 180 days. Longer than the 90 of the VWP.
His 180 day UK travel insurance on this trip is the same as he had on his last trip (last summer) when he fell down the stairs costing that insurance company probably about $10k (He cracked his T2 and was very lucky his neck didn't snap). The insurance company was great, covered everything including my wife's flight change costs to escort him back.
No intent on breaking the law or taking any risks on overstay. We'll have to wait till his in UK to get the Visa.
We've given up trying to get a reasonable cost healthcare coverage given all the risks. Once he can no longer get travel insurance, he's in the UK for good
His 180 day UK travel insurance on this trip is the same as he had on his last trip (last summer) when he fell down the stairs costing that insurance company probably about $10k (He cracked his T2 and was very lucky his neck didn't snap). The insurance company was great, covered everything including my wife's flight change costs to escort him back.
No intent on breaking the law or taking any risks on overstay. We'll have to wait till his in UK to get the Visa.
We've given up trying to get a reasonable cost healthcare coverage given all the risks. Once he can no longer get travel insurance, he's in the UK for good
#10
Joined: Jan 2008
Posts: 7,605
Re: Visa Waiver
Ray's right. It's really hard at that age.
However, I've discovered that in some states there is a movement toward what is called a 'High Risk Pool' insurance, partially run by the state and partially run by a private company. For example in Maryland, we have the Maryland Health Insurance Plan (MHIP) which is for people who have been denied insurance due to age or a condition
http://www.marylandhealthinsuranceplan.state.md.us/
Not awful rates. I think they have them in other states as well (California has one).
However, I've discovered that in some states there is a movement toward what is called a 'High Risk Pool' insurance, partially run by the state and partially run by a private company. For example in Maryland, we have the Maryland Health Insurance Plan (MHIP) which is for people who have been denied insurance due to age or a condition
http://www.marylandhealthinsuranceplan.state.md.us/
Not awful rates. I think they have them in other states as well (California has one).
#11
Re: Visa Waiver
Rene
#12
Re: Visa Waiver
A PR and using travel insurance whilst in the US? I'd not do that, they'd probably void the claim if anything really nasty were to happen and they couldn't get him to the UK.
Best bet is the B visa, but bouncing around on the VWP isn't worth the risk.
Best bet is the B visa, but bouncing around on the VWP isn't worth the risk.
#13
BE Forum Addict
Joined: Sep 2006
Posts: 1,966
Re: Visa Waiver
Absolutely - get a tourist visa. Allows him 6 months at a time, doesn't void his travel insurance since he's a tourist, cheaper and faster than an immigrant visa.
#14
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Joined: Feb 2006
Posts: 4,820
Re: Visa Waiver
My 84 yr old F-I-L 90 day Visa Waiver stay runs out in Feb and I understand Mexico and Canada will not renew it (even for a 3 day trip ?).
So what countries will? We'd like for him to stay another 45 days if we can to help out our travel plans and send him to the UK then and then apply then for a family visa (Father of USC) whilst he's back in the UK. So, I'm looking for a legal 45 day extension (new VW entry) so need a country? Brit Virgin Isles? Turks and Caicos? Bermuda? (somewhere legal and cheap flights ).
Franc
So what countries will? We'd like for him to stay another 45 days if we can to help out our travel plans and send him to the UK then and then apply then for a family visa (Father of USC) whilst he's back in the UK. So, I'm looking for a legal 45 day extension (new VW entry) so need a country? Brit Virgin Isles? Turks and Caicos? Bermuda? (somewhere legal and cheap flights ).
Franc
I can tell you from experience because I tried it on my first visa waiver vefore getting married ... The only way you can renew a visa waiver is to fly back to the country of orrigin .. I take that to be the Uk in your case.
In May of 2000 I haev 4 days left on my visa waiver and drove to the Candian border intending to do exactly as you want to do. On re-enrty to the US the gaurd asked where my waiver card was ? .. tokk me in the office and checked my official status on line, saw I had 4 days left a promtly detained me
He intention as I can quote the guy was to "Keep you here untill we gat the chance to get you ob a planr back to the UK 'cos I think you are living here"
I had by the way got a return flight booked out of Boston for the very last day just in case !
I was held at the border for 4 hours ubtill the base comander came in and luckily for me stated that I had not yet comminted any offence and had till midnight on that final day to hey out of the country. I was released and told that if they checked on the day after my due date and I had not flown back to the UK .... Quote ; "We will find you and put you on the next available flight and you won't be back for at least 10 years"
I took the flight home as sugested
I flew back a week later and expected to get shit at the imigration desk .... All I got was a lady officer who smiled and said "Back so soon ? ... You must love it here"
It may cost a bit to do it but to be safe ... Fly home for a week or two
#15
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Joined: Feb 2006
Posts: 4,820
Re: Visa Waiver
PS .... If you can afford to fly to one of these other places, you can afford a cut price ticket to the UK ... so what have you done to stop you going back there ? .................. I baddie perhaps ?