Visa?

[jantel]

On a recent visit to Orlando, we cleared customs at Charlotte. The Immigration officer questioned our frequency of visits (we were last there in april for two weeks but was caught in the ash cloud and in fact stayed just over three weeks). Having just purchased a property (not a business), he suggested that we apply for a visa which would stop any unnecessary questioning about the frequent trips. I have looked high and low but can't find any information regarding a visa that would suit our needs. In truth we will only be visiting three or four times a year at present for two to three weeks stays (subject to school holidays). It will be a couple of years before we can stay any longer.
Can anyone shed any light on this matter. I thought someone could stay for up to ninety days on any one trip, go home and return for another ninety days if they wanted on the ESTA, or is the allowance only ninety days in any one year (if so when does the year begin and end?).
Any advice would be greatly appriciated.

[Robert5988]

This has been covered a couple of times.

I have visited 6 times a year for a number of years on a visa waiver. There is absolutely no question that this is within the rules. As you suggest you can stay up to 90 days, return to UK and then back on another waiver.(this point is specifically covered on the Embassy website). Albeit you need to satisfy the immigration authorities each time that you intend to abide by the restrictions - 90 days, no employment, return to UK etc etc.

In theory you could spend 360 days a year in the US on a waiver.

On a couple of occasions an immigration officer has suggested that it would be easier if I got a visa. I am certain the suggestion was meant to be helpful, but frankly it is poor advice and I have ignored it. Why would I spend the money and spend a day in London for a Visa that was not required?

Someone posted on here that they applied for a visitor's Visa(which allows stays of up to 6 months in one visit)and were refused at the US Embassy and told that for the purpose of their visits a waiver would suffice. Most(not all) people wanting a Visa would surely normally be retired; few people in employment can afford to spend more than 90 days in the USA.

[zanderbuchan]

I had a near identical experience at Washinton in May. Told I was very close to being sent to secondary investigation for abuse of visa waiver program. This was my 3rd visit in 5 months and I'd never stayed more than 25 days at any time. (I have an onusual work cycle, 28 days on followed by 28 days leave)
The guy said if I went to secondary and they turned me back, I'd then have major problems in future?????
I did go to Embassy get a B2 visa 10 year multiple entry, with no problem whatsover, travelling back next week and don't anticipate any issues.

[SDJ]

I have a B1/B2 visa. However when it was due for renewal, I had to travel to US on a 90 visa waiver. I was questioned and told I needed a B1/B2 as I had spent more than 90 days already in the US. I told the IO that I already had a B1/B2 that had expired that month and my previous visits that year had been on my B1/B2 and that I had an appointment at the US Embassy in London on my return to UK. She told me if I did not get my B1/B2 renewed, that I would not be allowed in any more during that year as I had exceeded 90 days. The Embassy told us it was all down to the IO on the actual day. An absolute farce when the Embassy and IO can just decide on the day and no hard and fast rule!!

I did get my B1/B2 renewed thank goodness, although last time I went in July I was questioned as to how long I had spent in the US. They also said my fingerprints didn't match!!! I was taken for secondary questioning.....no questions were asked and I was told to go on my way, that the machine was obviously faulty. Hard to believe....but true[msnwink]

We were far from being retired when we got our first B1/B2 but were lucky enough to be able to go to Florida frequently 3/4 times a year so the visa worked well for us.

Sandra

[Robert5988]

<blockquote id="quote" class="ffs">quote: An absolute farce when the Embassy and IO can just decide on the day and no hard and fast rule!![/quote]Couldn't agree more about it being a farce, but there is a hard and fast rule!

The Visa Waiver allows you to stay up to 90 days on any one visit. There is no restriction on how many times in a year you may visit on the Visa Waiver Scheme.

Look at the following US Embassy website FAQ page:

http://www.usembassy.org.uk/cons_web...l.htm#nineteen (edit: I cut and pasted this from an earlier thread - the link now re-directs you)

To save you the trouble it states: <blockquote id="quote" class="ffs">quote:QUESTION
Is there a limit to the number of times I may travel to the United States visa free in any given period of time?

ANSWER
"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 traveler 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."[/quote]There is absolutely nothing in the US Immigration regulations that I could find(and I have scoured them!!) to counter the above advice.

Indeed the regulations imply that you should not apply for a visa unless you do not qualify for entry under a waiver. That was the reason given by the US Embassy in refusing a visa - namely that a waiver would suffice.

My personal opinion is that some Immigration Officers are unaware of the regulations on waivers and/or are seeking to exercise their 'power'. (They need some relief from a boring job!!)

I think also some common sense should be applied to this subject. Why would 'Uncle Sam' have any objection to a solvent Brit, not intending to breach the waiver conditions, spending lots of time each year in the USA and thus supporting the economy.

[zanderbuchan]

I can't disagree with what you say, but I will add that if you are refused at point of entry on the visa waiver program, then you have no right of appeal.

However, you do have that right as a visa holder. I think that it may well be done to individual officers moods/demeanour at certain points of entry.

[Robert5988]

<blockquote id="quote" class="ffs">quote:I can't disagree with what you say, but I will add that if you are refused at point of entry on the visa waiver program, then you have no right of appeal.

However, you do have that right as a visa holder. I think that it may well be done to individual officers moods/demeanour at certain points of entry.[/quote]Agreed, but I really don't believe you would ever be refused entry for 'spending too long in the USA' for multiple visits on a waiver; as quite clearly there are no grounds for refusal for that reason.

If they believed you intended to break the conditions of the waiver, that could also apply if you had a visa. The right of appeal for the latter is little use when it comes down to an IO's subjective opinion.

The other issue(and confusion) here is outlined in Sandra's post above.
Just what is the position when visiting on a B1/B2 visa? About the only thing that is not in dispute is that you can stay up to 180 days on a single visit.

However there is an opinion - seemingly held also by some IOs - that you are restricted to 180 days in any one year. I have skimmed the relevant regulations and I can't see anything to support that view.

If it was a fact surely there would be some definition of when the 'year' started. Would that be a calendar year? - so you could stay July to Dec 31 in 2009 and return again for 180 days on 01 Jan 2010.

Even if you did multiple trips of, say, 60 days duration, when does the 'year start?

It is quite obviously a nonsense to suggest that someone with a Visa is restricted to spending less time in a year in the USA than someone visiting on a waiver.

[SDJ]

I agree with you Robert as far as confusion and when does a year start and end with regards to B1/B2. It is ridiculous.

However, even though you appear to have hard written evidence regarding the 90 Visa Waiver, our friends were doing as you suggest, coming backwards and forwards to US and not staying over their 90 days on any visits. They did this for 2 years, and at this moment in time are banned from entering the US as 'they abused' the system. They were not allowed back to sort their home out and eventually had the furniture shipped to Canada (my husband and I packed it up and oversaw everything) where they bought a house and were welcomed with open arms. Their house has been left to rot and after 3 years has just been sold for a ridiculous price. They lost everything. They are still not allowed into USA as it was a 5 year ban!!!

I have travelled quite a bit to USA on my B1/B2 this year, but like you am confused as to when my year started. I am going back to USA in 3 weeks and have jotted up the days counting from the date my visa was issued, and another count from 1st January. Let's hope everything will be okay.

Sandra

[Robert5988]

<blockquote id="quote" class="ffs">quote:I agree with you Robert as far as confusion and when does a year start and end with regards to B1/B2. It is ridiculous.
.
I have travelled quite a bit to USA on my B1/B2 this year, but like you am confused as to when my year started. I am going back to USA in 3 weeks and have jotted up the days counting from the date my visa was issued, and another count from 1st January. Let's hope everything will be okay.[/quote]You are basing all of your concerns on the assumption that there is a restriction on the time you can stay in the USA in any fixed period of a year.

As I said above, I cannot see anything that restricts the amount of time a B2 visa holder can stay in the USA(or for that matter anyone on a waiver) let alone any mention of a '1 year period'

This is from the FAQ section on the US embassy website.

http://london.usembassy.gov/faq-niv-misc.html <blockquote id="quote" class="ffs">quote:I have a holiday home in the United States; how long can I remain there?

If you travel to the United States visa free under the Visa Waiver Program, you may remain for up to 90 days. This period cannot be extended. If you travel to the United States on a visitor (B-2) visa, the period of time you will be allowed will be determined by the USCIS at the port of entry. Initially they can grant a stay of six months which can be extended for a further six months at their discretion. The USCIS has sole jurisdiction over such matters.[/quote]I wonder if this 'no more than 180 days in a year' is derived from the Tax implications - in theory all worldwide income could be subject to USA tax. (lets not discuss this tax issue - it won't apply to us mere mortals)

So unless anyone can show me differently, I don't believe there is any such rule about 'no more than 180 days in a year'.

[SDJ]

I agree with what you are saying Robert and the guy we saw in the US Embassy when we renewed was quite shocked at some of the things we have been asked on entry to USA.

The reason I am concerned about my visit is the last IO that I had at MCO had a bad attitude towards me, asked how many days I had stayed on my previous visit - wanted the exact days although he obviously had the damn thing on his PC in front of him, and as I had only left on 1st June after spending 6 weeks in Florida, wanted to know why I was returning on 4th July!!! I did feel like saying a thing or two to him, but of course I didn't and still got marched off to 'the room' as my fingerprints were supposedly not mine!!! That is the reason I am wary but I totally agree with your interpretation of the rules.

Sandra