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I would like to know if I can go to the USA under a visa waiver for 90 days, then travel to the British Virgin Islands and apply for a USA Work visa from there?

Do I have to return to the UK to apply?

Is leaving the U.S.A for the British Virgin islands considered as going back home for a British passport holder in the eyes of US immigration?

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It is highly unlikely that the British Virgin Islands are considered part of the UK by the USA government as the UK does not consider them part of the UK.

The United Kingdom also manages a number of territories which, while mostly having their own forms of government, have the Queen as their head of state, and rely on the UK for defence and security, foreign affairs and representation at the international level. They do not form part of the UK.

Source

They also issue their own passports as an separate territory.

  • As choster's answer points out, whether it's part of the UK or not is immaterial. The British Virgin Islands are specifically defined as among the "adjacent islands" which do not reset VWP (and even if they were part of the UK they'd still be covered by "British territory or possessions"). – Nate Eldredge Dec 5 '14 at 7:12
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    @NateEldredge However this is not a "reset my VWP" question, but rather the OP wants to apply for a new (actual) visa and wants to know if BVI counts as "applying for the visa from your country of residence" :) – CGCampbell Dec 5 '14 at 20:18

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