Visa Waiver Program

Visa Waiver (VWP) Overstay

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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 card) in the US unless their green card sponsor is an immediate relative such as a spouse AND they apply while their I-94W is still valid (with some exceptions). We’ll need to review your specific case in further details before we can help you.

Visa Waiver Entry for Business Purposes Refused at Chicago O’Hare

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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 newly opened branch office in Chicago.  Immigration told me that they considered this work and that that was not authorized under this program and that I should apply for a work visa.  Is this new policy?  I have never had trouble with this before.

I have seen this type of issue before and I have made it a point to be available for my clients who enter through O’Hare in case they run into entry problems like yours.  If you had called me at the time of your entry I may have been able to sort this out with CBP at O’Hare but since you’ve already left it is too late. This is not new policy but just a misunderstanding of current policy.  You may use the visa waiver program and the B1 visa for limited business purposes.

Visa Waiver Program Entrant Applies for Adjustment of Status

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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 an I-601 waiver, Can you help us with this?

There is no requirement for a visa waiver entrant to be in status when they apply for adjustment through a US citizen. The officer who told you this is mistaken and we can speak to him or his supervisor to get this corrected without filing an I-601. However, when a foreign national enters the US through the visa waiver program, they waiver many of their rights that they would normally have if they had used a visa. One of these rights is the right to fight removal. Since you have been present longer than 90 days, you may be removed (deported) without any right to a hearing. Therefore, we must proceed cautiously to get your green card approved an issued.

From Visa Waiver to US Citizenship

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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 may sponsor her for permanent residence (green card) and after she maintains her residency for three years, she can apply for US citizenship.

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

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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 program are not allowed to change their status in the US. So, while we can get USCIS to approve the H1B, you will need to go outside the US for H1B visa stamping. Then after you have obtained the H1B visa stamp, you will be able to return to the US and begin work.

Applying for an H1B Visa While in Visa Waiver Status

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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 to change your status. Therefore, after we get the H1B approved, we will need to send you to a US Consulate for visa stamping. This can be done in Canada or Mexico or, if you prefer, you can return to Italy to get this done. We prefer to go for visa stamping in Canada and we have had great success with that route.

Visa Waiver Entry Prior to H1B Start Date

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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 the US in October. Can I do that using the visa waiver program?

There are no regulations that would bar you from attempting an entry through the visa waiver program or with a B1/B2 visa. However, you will need to justify your entry as consistent with an entry for tourist of business purposes. The CBP officer that interviews you will have discretion to deny your entry if he or she believes otherwise.