Archive for the ‘Visa Waiver Program’ Category

Visa Waiver (VWP) Overstay

Hello, I came from France and I overstay my waiver visa. Now I want to file a (I-601 and I-212) without leaving the country is that possible? I still have 2 more years to go before I become a chemical engineer Visa Waiver entrants are barred from changing their status or applying for residency (green […]

Posted on August 25, 2012 at 1:25 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
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Visa Waiver Entry for Business Purposes Refused at Chicago O’Hare

My name is [REDACTED] and I am the CFO for [REDACTED], a UK firm that has offices in NY and Chicago.  I recently attempted to enter the US for business purpoes through the visa waiver program but was denied entry.  I explained that the purpose of my entry was to review accounting procedures at our […]

Posted on August 23, 2012 at 5:36 pm by Immigration Lawyer Peter Messersmith · Permalink · 2 Comments
In: B-1 Visa, Visa Waiver Program · Tagged with: ,

Visa Waiver Program Entrant Applies for Adjustment of Status

I’m from Germany and I entered the US through with the visa waiver. My wife and I married and we applied for the green card but we filed it after the visa waiver expired. At the marriage interview, I was told that they would not approve my green card because I overstayed and I needed to file […]

From Visa Waiver to US Citizenship

Hi, my girlfriend entered the U.S on a visa waiver program. We plan to get married now and I’m a US citizen. Can she get her citizenship automatically by marring me? Unfortunately, there is nothing automatic involving immigration. While we should be able to assist the both of you, she will not be able to obtain citizenship immediately. You […]

H1B Visa Status Application While in the US on the Visa Waiver Program

I’m from Italy on visa waiver right now. My stay will expire at the end of September. I got an offer from a US company.  Can I stay here while my H1B is been processed? Yes, you can remain in the US while your H1B visa is processed. However, persons who enter the US using the visa waiver […]

Posted on August 22, 2012 at 7:28 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
In: H-1B Visa, Visa Waiver Program · Tagged with: ,

Applying for an H1B Visa While in Visa Waiver Status

I’m from Italy on visa waiver right now. My stay will expire at the end of September. I got an offer from a US company.  Can I stay here while my H1B is been processed? We can get the H1B approved in the US but because you entered through the visa waiver program, you are not allowed […]

Posted on August 13, 2012 at 10:31 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
In: H-1B Visa, Visa Waiver Program · Tagged with: ,

Visa Waiver Entry Prior to H1B Start Date

My H1B visa was approved in June 2009 and my employment was supposed to start October 1, 2009. Due to slowing business at my company, my boss asked me to start in January rather than in October. The problem is that I already have a lease on an apartment and I would still like to come to […]

Posted on August 13, 2012 at 10:30 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
In: H-1B Visa, Visa Waiver Program · Tagged with: ,

The Electronic System for Travel Authorization (ESTA) is now mandatory for all Visa Waiver Program (VWP) Travelers

On November 13, 2008, the Department of Homeland Security (DHS) published this notice requiring travelers using the Visa Waiver Program (VWP) to obtain authorization to use the VWP through this DHS website for travel on or after January 12, 2009.  Prospective VWP travelers must be prescreened by the DHS through ESTA before travel.  The airline […]

Posted on November 20, 2008 at 9:10 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
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