Restricted tourist visa - ONE entry to ONE state

[Vickys_Mom 240]

10 hours ago, tedujam said:

Well she just picked up her visa yesterday and it's restricted to ONE entry to travel to ONE state only. The state is just one she mentioned she'd like to visit, but there were at least 3 other states she listed to the CO.

 

She could refuse the visa as written.  Go back to the embassy and ask for one without the endorsement.  Sadly she's likely to be dealing with the same embassy person she saw before.

 

I'm a worst-case scenario guy when it comes to our immigration laws (especially since January 20th).  If you guys are travelling to another state and happen to be contacted randomly by CBP, you are technically in violation of the visa as endorsed.  You can argue that the endorsement was wrong, but they will likely respond that she accepted the endorsement when she entered the U.S. on that visitor's visa.  Not only is she subject to having her visa cancelled and being asked to leave the U.S., but you'll also have to explain why she had a visitor's visa cancelled for any other paperwork you do for her including immigration and naturalization.

 

Realistically, I doubt they'd revoke the visa.  I'm sure if they thought you guys were breaking the rules they might hold you up someplace for an hour or two while they "check" things.  (Probably enough to make you miss a flight.)  

 

If you get caught they're can certainly make things difficult for the both of you.  I'd wait on visiting other states until a subsequent visit or an immigration visa.  I'd never consider putting my girlfriend/wife through that.

 

Regards,

Vicky's Mom

[tedujam 1]

4 hours ago, Crazy Cat said:

I don't think so.  The CO cannot restrict you to a POE or a specific state.  Did you see the actual DOS guidance above?

Yes, I saw it, but I'm not sure she wants to take that risk. She'd really just like to drive her car across the border into Texas so she can bring her dog for the summer, but I'm not sure how that would look. It's not unreasonable for someone to drive through a couple of states to their destination, I just don't know how it would look to the border agents.

[Boiler 46,246]

Consulates issue visas 

 

How would you actually enter well without applying for a visa.

 

Taking a dog?

[Crazy Cat 42,547]

9 hours ago, tedujam said:

but I'm not sure she wants to take that risk.

It is an annotation for use if she applies for another visa.  It is not a directive.

[Crazy Cat 42,547]

13 hours ago, Vickys_Mom said:

If you guys are travelling to another state and happen to be contacted randomly by CBP, you are technically in violation of the visa as endorsed. 

Do you have source for that?  Can you name any other cases where a Consulate directed exactly where a visa holder could visit within the US? I can not.  The DOS manual specifically says annotations "which tends to tell DHS what to do or which questions the applicant's veracity are not allowed"

The Consulate issues USA visas...not an individual state visa.

My 2 cents.....

Edited February 9 by Crazy Cat

[tedujam 1]

Ok, so she re-applied for another tourist visa and the tracking site shows she has a visa interview waiver. She has an appointment to get photos taken in the middle of August, then presumably the visa is processed right after that.

 

Her main concern is visiting this summer. She had planned to fly to the state listed on her one entry visa, then later fly to meet me and stay with me for the summer. We would travel around the US.

 

She gets 2.5 months off for summer, but she is afraid that staying the full 2.5 in the US is a big red flag for getting the next visa. She thinks they are going to take her visa photo, notice the 2.5 month US stay during processing, then deny the visa.

 

So she thinks maybe a 1 month stay is a better idea. Anyone have experience with this issue?