Once a visa always a visa?

[E. Cosgrove]

I have friends who first travelled to the US before the advent of visa waiver and who both have visas which expired a few years ago. They have not visited the states since the expiration of their visas but want to know if they need to renew them for travel or if they can travel by visa waiver as they meet all the criteria. What I suppose I am asking is 'if you have used a visa in the past do you always need one?'
Hope I have made myself clear

[blott]

If they got them more than 10 years ago, then they have to apply again if they want a visa. If they qualify for visa waiver and are only staying up to 90 days, then they can use that instead.

[Nostromo]

My wife used to have an Indian passport till 1992 and had to get Visas for the USA twice. But since she got her British Passport, she qualified for and has used the Visa Waiver several times. So, the motto would be "Once a Visa, not necessarily always a Visa" I guess.

[E. Cosgrove]

Thanks guys I will pass on the info then hoprfully we can persuade them to come and stay with us in Florida!

[Michelle]

Before the Visa Waiver forms came into force we had a USA Indefinate visitors visa stamped in our passports, when we went to Florida the year they came out,the immigration officer we saw said you no longer need to use these becasue you can use the Vis waiver when visiting the USA,so he stamped cancelled on them. Because we were visiting USA for more than 90 days in any one year we then had to re apply for the 6 months visitors visa's which we now have,which you have re apply for every 10 Years.

[Robert5988]

<blockquote id="quote" class="ffs">quote:Before the Visa Waiver forms came into force we had a USA Indefinate visitors visa stamped in our passports, when we went to Florida the year they came out,the immigration officer we saw said you no longer need to use these becasue you can use the Vis waiver when visiting the USA,so he stamped cancelled on them. Because we were visiting USA for more than 90 days in any one year we then had to re apply for the 6 months visitors visa's which we now have,which you have re apply for every 10 Years.[/quote]

Michelle,
Just to clarify in case anyone misunderstands the rules.

You only need a visa if you intend to stay for more than 90 days in a single visit.
You can use the Visa Waiver Scheme(provided you meet all the conditions) more than once each year; as long as each visit is 90 days or less.

[E. Cosgrove]

But only up to a max of 180 days in any one year, is that right?<blockquote id="quote" class="ffs">quote:Originally posted by Robert5988
<blockquote id="quote" class="ffs">quote:Before the Visa Waiver forms came into force we had a USA Indefinate visitors visa stamped in our passports, when we went to Florida the year they came out,the immigration officer we saw said you no longer need to use these becasue you can use the Vis waiver when visiting the USA,so he stamped cancelled on them. Because we were visiting USA for more than 90 days in any one year we then had to re apply for the 6 months visitors visa's which we now have,which you have re apply for every 10 Years.[/quote]

Michelle,
Just to clarify in case anyone misunderstands the rules.

You only need a visa if you intend to stay for more than 90 days in a single visit.
You can use the Visa Waiver Scheme(provided you meet all the conditions) more than once each year; as long as each visit is 90 days or less.

[/quote]

[Robert5988]

<blockquote id="quote" class="ffs">quote:But only up to a max of 180 days in any one year, is that right?[/quote]
Liz,
There has been some heated discussion in a couple of threads on this subject.
The simple answer to your question is that there is no restriction to 180 days in any one year or the number of times you may enter in any one year. Below is an extract from Blott’s posts.

<blockquote id="quote" class="ffs">quote:I've copied below the current wording on the American Embassy website at http://www.usembassy.org.uk/cons_web...l.htm#nineteen

Is there a limit to the number of times I may travel to the United States visa free in any given period of time?

There is no limit to the number of times you may travel visa free under the Visa Waiver Program in any given period. There is also no minimum period of time you are required to remain outside the U.S. before reapplying for admission. However, if you are a frequent traveller to the United States you should be sure to carry with you for presentation to U.S. immigration evidence of your residence abroad to which you intend returning at the end of your visit together with evidence of funds sufficient for your support while in the United States. If the officer of the USCIS is not convinced that you are a bona visitor for business or tourism, you can be denied entry.
[/quote]
The last sentence of that extract is worth emphasising. You cannot use the Visa Waiver scheme as a substitute for any purpose other than business or tourism.

[esprit]

At the risk of being a stuck record on this one, it is at the discretion of the immigration officer whether he thinks you are a bona fide visitor and hence entitled to use the visa waiver or not . The more you use this, the less likely he is to think that and eventually you start pushing your luck. You were going to report back how many days you had managed in a year, Robert, havent seen that yet. The proof of the pudding is in the eating.

[Robert5988]

<blockquote id="quote" class="ffs">quote: At the risk of being a stuck record on this one, it is at the discretion of the immigration officer whether he thinks you are a bona fide visitor and hence entitled to use the visa waiver or not. The more you use this, the less likely he is to think that and eventually you start pushing your luck. You were going to report back how many days you had managed in a year, Robert, havent seen that yet. The proof of the pudding is in the eating.[/quote]

Hi Julie,

Reporting back as requested!!

When we last discussed this in August I had visited 7 times in the preceding year and stayed for a total of 22 weeks. – and of course many visits in the year before that. On each visit I was granted leave to stay for 90 days – My passport was stamped “US Immigration admitted (date) WT for 90 days section 217 of the INA”

Since then I have visited in September and again in November(each time staying 3 weeks) and was granted a 90 day stay with the same stamp in my passport. I go again later this month and have flights already booked for March and May. It is my intent to have further visits in July, Sept, and Nov this year.

Of course any entry to the USA is at the discretion of the immigration officer – I have been at pains to point that out in every post including my post above – viz:

<blockquote id="quote" class="ffs">quote:"If the officer of the USCIS is not convinced that you are a bona visitor for business or tourism, you can be denied entry."

The last sentence of that extract is worth emphasising. You cannot use the Visa Waiver scheme as a substitute for any purpose other than business or tourism.
[/quote]

It is pertinent to point out that it is also at the discretion of US immigration for anyone to be allowed entry even if they have obtained a Visitors Visa. If they are not convinced that you intend to comply with the conditions of that Visa you will be refused entry. Visa Waiver or Visitors Visa both cover the same reasons for visiting.