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Posted

Actually I'm not sure she could do that. The thing is that they authorize you to stay for a period of time in this case 3 months for a year a time. Meaning that you can't come in January leave in March, come back in June and expect to get another 3 months. The clock resets itself after the year anniversary of when you first entered. So if you come in January and leave in February after 2 months, you still have 1 month left so you can come back after February but you will only be allowed to stay for that remaining month. Your 3 months will start again in January of the following year. If it weren't like this then everyone would come stay for the 3 months, leave then come 2 weeks later and stay another 3 months. She can go back home and apply for a visa so she could stay longer, but given the situation it may be denied.

This isn't even remotely true.

2013 7/15 I-129F sent, 7/18 received Dallas lockbox, 7/22 NOA1, 10/22 NOA2, 11/15 NVC Case Created, 11/20 NVC Shipped, 11/25 Consulate received, 11/28 Packet 3 received/returned, 11/29 Medical, 12/9 Packet 4 received

2014 1/9 Interview - Approved, 1/15 CEAC - Issued, 1/17 Visa in hand, 2/5 POE: LAX, 4/4 Married!, 4/8 AOS/EAD/AP filed, 4/14 NOA1, 5/7 Walk-in biometrics, 5/19 EAD/AP approved (expedited), 5/22 EAD/AP mailed, 5/23 EAD/AP received, 7/29 Interview waiver letter

2015 4/13 AOS approved (no interview), 4/22 Green card received

2017 1/17 I-751 ROC filed (VSC), 1/23 NOA, 2/28 Biometrics

2018 1/31 ROC approved

2020 1/14 N400 filed

Posted (edited)

Thank you for the advice to everyone.

She says she "has ESTA," which I suppose can only mean she entered under the VWP. I'll advise her to speak with the Greek embassy to see if they can help her.

EDIT: The Greek embassy cannot help. I suggested she return to Greece, apply for a B2 visa instead of VWP, and bring with her hospital records and a physician's note as Dave&Rosa suggested to show CBP upon re-entry.

Thanks again, everyone. I don't know the lady but I'm sure she's in a bad spot.

Applying for a B2 visa will terminate her ESTA and her ability to travel on the VWP. If she is going home and going to attempt re-entry, she is better off doing it on the VWP with the paperwork as suggested. The B2 application will take some time and no matter the result she will lose her ability to travel on the VWP. If by chance she is denied the B2, she will have no means of entering the US at all.

Edited by Teddy B
Posted

This forum is for informational purposes only. Unless you are an immigration lawyer or some immigration officer then no piece of information can be considered "correct." However, the intent of my post was to show an example of how you can't use the VWP multiple times a year and expect to be granted entry by CBP. If they know you have been traveling multiple times in a year, they will assume immigrant intent and deny you entry on the spot. The numbers may not be exact because it may be possible to travel multiple times a year, but it depends on the purpose. For example, someone here on business would have need to travel multiple times in one year. But you can only come for tourism how many times? I think anyone would have a hard time proving to the CBP officer that you want to stay another 3 months for tourism. If she comes to the POE with the hospital papers, she will be asked about her son and if they know he's a USC, they'll automatically assume immigrant intent as well. I was just trying to make the OP aware of the possibilities of being denied entry under the VWP. I also suggested she tell the mom to go and apply for a B2 because that would be her best route in my opinion.

Not tue.

Please, stop misleading people. That's not the first of your posts, where you're spreading wrong information.

I think the OP was given the right info and passed it to the right person.


Care to elaborate as you seem to be an immigration expert?

This isn't even remotely true.

This does not constitute legal advice.

Posted (edited)

This forum is for informational purposes only. Unless you are an immigration lawyer or some immigration officer then no piece of information can be considered "correct." However, the intent of my post was to show an example of how you can't use the VWP multiple times a year and expect to be granted entry by CBP. If they know you have been traveling multiple times in a year, they will assume immigrant intent and deny you entry on the spot. The numbers may not be exact because it may be possible to travel multiple times a year, but it depends on the purpose. For example, someone here on business would have need to travel multiple times in one year. But you can only come for tourism how many times? I think anyone would have a hard time proving to the CBP officer that you want to stay another 3 months for tourism. If she comes to the POE with the hospital papers, she will be asked about her son and if they know he's a USC, they'll automatically assume immigrant intent as well. I was just trying to make the OP aware of the possibilities of being denied entry under the VWP. I also suggested she tell the mom to go and apply for a B2 because that would be her best route in my opinion.

Care to elaborate as you seem to be an immigration expert?

I'm definitely not an immigration expert. I am just a regular person who in 2012 entered the USA on 4 different occasions in six months on the VWP. People do this all the time.

There is no hard and fast rule about how many times you can enter within 12 months on the VWP. Yes, it is at the officer's discretion and if they think you are using the VWP to circumvent immigration law in an attempt to live here on a temporary or permanent basis, they will turn you away at the border. But there is definitely no set formula, and the explicit rules you stated simply don't exist. It is discretionary and situational.

Maybe it is risky for the OP to try and enter again soon after a 90 day stay, but implying that there are strict annual rules where no such rules actually exist is misleading.

Edited by GiuseppeG

2013 7/15 I-129F sent, 7/18 received Dallas lockbox, 7/22 NOA1, 10/22 NOA2, 11/15 NVC Case Created, 11/20 NVC Shipped, 11/25 Consulate received, 11/28 Packet 3 received/returned, 11/29 Medical, 12/9 Packet 4 received

2014 1/9 Interview - Approved, 1/15 CEAC - Issued, 1/17 Visa in hand, 2/5 POE: LAX, 4/4 Married!, 4/8 AOS/EAD/AP filed, 4/14 NOA1, 5/7 Walk-in biometrics, 5/19 EAD/AP approved (expedited), 5/22 EAD/AP mailed, 5/23 EAD/AP received, 7/29 Interview waiver letter

2015 4/13 AOS approved (no interview), 4/22 Green card received

2017 1/17 I-751 ROC filed (VSC), 1/23 NOA, 2/28 Biometrics

2018 1/31 ROC approved

2020 1/14 N400 filed

Posted

You technically can enter and re enter multiple times in a year, but you yourself said, "different occassions." I was just reading up on one of the consulate websites that said you can leave the US and re enter, but that won't guarantee a new 90 day admission period. The formula may or may not be similar to what I described, but they do follow something similar. And at the end of they day like you mentioned, it is at their discretion. It would actually be better if they had set rules about it because there are plenty of people who get denied entry after having traveled for legitimate purposes all the time. By the by, they're not going to tell people up front if those rules exist or not just like no one knows exactly how they approve or deny b1/b2 visas.

I'm definitely not an immigration expert. I am just a regular person who in 2012 entered the USA on 4 different occasions in six months on the VWP. People do this all the time.

There is no hard and fast rule about how many times you can enter within 12 months on the VWP. Yes, it is at the officer's discretion and if they think you are using the VWP to circumvent immigration law in an attempt to live here on a temporary or permanent basis, they will turn you away at the border. But there is definitely no set formula, and the explicit rules you stated simply don't exist. It is discretionary and situational.

Maybe it is risky for the OP to try and enter again soon after a 90 day stay, but implying that there are strict annual rules where no such rules actually exist is misleading.


And what other "things" have I posted as incorrect according to your diligent immigration skills?

While the information on this forum is free and given by normal everyday folks, most of it is correct. When something is spotted that is not correct, like the things you have been posting, the other members will let you know about it.

This does not constitute legal advice.

Filed: K-1 Visa Country: Wales
Timeline
Posted

While the information on this forum is free and given by normal everyday folks, most of it is correct. When something is spotted that is not correct, like the things you have been posting, the other members will let you know about it.

You could say we are self policing.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: AOS (pnd) Country: Australia
Timeline
Posted

You technically can enter and re enter multiple times in a year, but you yourself said, "different occassions." I was just reading up on one of the consulate websites that said you can leave the US and re enter, but that won't guarantee a new 90 day admission period. The formula may or may not be similar to what I described, but they do follow something similar.

No, they don't. You are speculating, guessing, and then offering that guess as truth, and you're wrong, and as others have noted, this isn't the first time even this week you're presenting your speculation as hard fact.

How do I know you're wrong? Well, aside from the discussion my husband had with the immigration officer on his first trip to visit me in America (note: not his first trip to America), wherein the officer said it was 90 days max at a time, per entry, and entry was discretionary and just make sure he could prove ties showing a return to his home country, every entry my husband received during his four trips to the United States last year, before we were married and while our K-1 was processing, gave him 90 days. There was never any math figuring out how long he'd been in the US already, or any limiting of time remaining.

  • 1 month later...
Filed: K-1 Visa Country: China
Timeline
Posted (edited)

Hello again, everyone. Thanks again for the helpful advice above and, Teddy, I'll pass your advice on. Meanwhile, I must admit, I don't know what the lady decided to do, I forgot to ask my mom, who works with her.

This timeI'm posing because of the son himself, actually. He's been unconscious for at least a few months now since the motorcycle accident and he has recently come to. However, the hospital says he must leave within 24 hours. Meanwhile, he no longer has a place to stay and no money. Oh, and lest I forget to mention: he is also here past his legal stay from Greece. And he has no health insurance. Great, huh?

My mother is once again asking me if I can dig a little on the internet to see if there is anything he can do. It seems he needs to:

a) find a way to stay and

b) find a way for the hospital to continue to treat him. Even if he found a place to stay, he apparently needs 24-hour care.

I must say, the kid doesn't exactly sound like the responsible type (here illegaly, riding a bike with no helmet) but what's the point of my passing judgment. If any one of you knows of any avenues he can pursue, I'll pass it on to him through my mom, though I somehow doubt it. These are people with little know-how in this country an no resources.

Anyway... As always, your responses are appreciated.

Edited by Ighaepero
Filed: K-1 Visa Country: Wales
Timeline
Posted

Let us say he did have Travel Insurance what would happen is that they would be arranging for him to return home.

By far the cheapest option.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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