Unlawful presence 3-10 years

[Kitty]

My question is can you change from visa waiver to other visa while in usa?

I suppose we could put in an application for E or L visa and wait and see if approved?

But if denied, when do the three and ten year bars, start counting from, end of the 90 days vwp?

[ChrisG]

Categorically NO.
It states as much on the reverse of the form you complete on the plane.

WARNING: You may not accept unauthorized employment; or attend school; or represent the foreign information media during your visit under this program. You are authorized to stay in the U.S. for 90 days or less. You may not apply for: 1) a change of nonimigrant status; 2) adjustment of status to temporary or permanent resident, unles eligible under section 201(b) of the INA, or 3) an extension of stay. Violation of these termswill subject you to deportation etc etc

[pegasus]

you have literally "waived" any and all rights.
Further, contrary to what some say "down the pub" if at all in the future, even after you become a citizen, they find out you have broken ANY of the visa / visa waiver rules (like doing part time / cash based work on a B), all bets are off and you will be deported. We have been through a whole lot of interviews and forms filled in and always that warning follows through.
As almost all on here will tell you, the processes may be a pain in the rear, but the only way is the legal way. There does not appear to be any short cuts

B Rgds

Neil

[kebab king]

Hi Kitty-

Interpretation of Unlawful Presence:

http://foia.state.gov/masterdocs/09fam/0940092N.pdf

I think page three is most relevant page to your question about the three & ten year bars.

Hope that helps...

-Kristina

[Susie]

Just read page three, thanks for the link.

Am I reading this correctly/interpret correctly


Someone visits on visa wavierfor 90 days, then can overstay less than 180 days extra and providing they leave before proceedings and before 180 days, then no ban

As when I read , it says 180 of unlawful presence then 3 years ban? so on visa wavier you stay 90 days plus say 179 days without a ban?

No one should ever overstay, just trying to interpret what is written and most likely got it all wrong

[Emmalee25]

180 days in total!!!
so 90 day vwp and the an extra 89 days, leave without being caught.... find out in the future...no ban no penalties, stay 181 days....naughty slap and 3 year ban!!!

apparently
Em x

[kebab king]

Sue & Em...

Don't think it quite works like that... Bear with me...

If you remain beyond your permitted stay of 90 days on the Visa Waiver Program and it 'flags up' (which surely it will when US-VISIT is rolled out nationwide) then you can't re-enter the US again in the future without first obtaining a Visa anyway...

dhs/cbp state: "In particular, visitors who remain beyond their permitted stay in the United States under the Visa Waiver Program cannot reenter the U.S. in the future without obtaining a visa"

So it follows that, if you received a three or ten year bar, you'd need a Visa to re-enter the US after the three or ten years was up as you wouldn't be entitled to enter again under the VWP...

-Kristina

[Emmalee25]

That is on paper though,
in practice apparently they are very lenient...ie no paperwork if you leave within 180days....I wouldnt try it though, all grey areas again!!!
90 days and get out!
Em x

[anniefromessex]

Can I just ask? With regard to my son, he never "overstayed", but was not allowed back in from the Bahamas, no ban was given - he just has B1/B2 Visa Denial in his passport, his E-2 Visa Denial got lost when he lost his passports - does that mean that he could still come out on VWP?

Please help!

[Sharon]

Can I just ask? With regard to my son, he never "overstayed", but was not allowed back in from the Bahamas, no ban was given - he just has B1/B2 Visa Denial in his passport, his E-2 Visa Denial got lost when he lost his passports - does that mean that he could still come out on VWP?

Please help!


Yes, he can come on the visa waiver program, but he will have a denial stamp in his passport. So when he comes he should bring losts of proof of his intent to return to his home county. Letter from employer to say his vacation is approved and return to work on xx day. prove that he has close family members in home country any proof of higher purchase agreement, credit card debts or other debts

[Emmalee25]

OR!
he could just get a new passport :rolleyes:
em x

[DebbieM]

Providing he doesn't have a machine readable one as this I think, carries your passport history electronically.

Debs

[Emmalee25]

Not at Sanford airport apparently!!!
mine is a computer readable one and nothing came up on the dreaded 'screen'
Em x

[ChrisG]

Mine all came up on the screen at Sanford.
In fact you full entry exit history comes up as well.
I know because a couple of years back (b4 e2) the nice man at the desk asked if I had ever been in the US before so we told him, the he asked if we had been in any other time and my wife said NO (she's always a bit nervy) - but of course he was looking at my passport and I said yes and told him approx my other dates 16 + 12 years prev when I had been across on business with my company. At which point he was happy.
In fact my passport stamp from last year does not say denied just says "VISA APPLIED FOR".

But just have plenty of facts with you - one thing they look for is a return ticket or e-ticket printout, plus proof of funds. Also don't be surprised if not only are you interviewed in the back room but then you get asked very similar questions at the FOOD/Agriculture check point - I think they used it as a secondary confirmation.

Chris

[Emmalee25]

Think my guy was ready for retirement!!!!

Em x

[anniefromessex]

Thanks for that guys. Em he unfortunately lost his passports earlier this year so had to have new ones so think they are machine readable! If he decides to come over will make sure he carries all relevant info regarding returning and "ties". What a bloody mess!