122

This question was shared on Hackernews and has a lot of comments and ideas over there that might be of interest to you as well. Some of the major points raised there: do take into consideration how many people here are for you trying to get out of this situation BEFORE going to the US seek support. You've done the right thing reaching out online, now it's ...


103

since I live in a city where there is a large airport, why did I preferred to fly out of a different country? If anyone asks you that, just answer the question honestly. "I was getting a really good deal on the flight with free luggage" is a perfectly good reason for doing this. am I just worrying unnecessarily? Yes. Relax and have a good trip.


86

One of your best chances if you're not too much in a hurry would be to go see a specialized association in Spain (maybe a feminist association?). These people would then have access to bigger means (embassy for example?) that could help you. These people can act with discretion. As suggested by others, the idea to be denied the entrance is tricky and may ...


77

The DS-160: Online Nonimmigrant Visa Application does not ask for your marital status. It will ask the applicant if they have any immediate relatives in the US, for which they will answer Yes. It will then ask for your surname, given name, your relationship to the applicant (e.g. child), and your status in the US (US citizen, permanent resident, etc). These ...


72

Take that warning seriously, it is in their records (and in your interest). But the immigration officer felt that I should be travelling on an L1 instead of a B1 since I am staying for longer duration in the US. That's then the best advice for you, unfortunately we won't be able to better that one. After having assessed your travels and having ...


58

Getting stopped at the border is a bad idea. But if you do something "stupid", you can probably persuade the US Embassy to revoke your visa, all while pretending that you were actually doing your best to smooth your passage to America. E.g. you could write them a letter like this: Passport number: xxxxx US Visa number: xxxxx Dear US Embassy, ...


58

You shouldn't reapply before you have had a significant change in your personal circumstances. Unless you secure services of a great immigration lawyer, it seems highly unlikely that you will be able to get the decision reversed after 2 back to back refusals within weeks. Even a lawyer can not guarantee a visa. But I want to try once again, so I concluded ...


53

Yes, you got a regular visitor's visa. You can also use that visa for transit, so the visa officer basically did you a favor, allowing you to visit the US in the future without having to pay an additional visa application fee.


50

As a Canadian, you do not need a visa to be admitted in B-1 (business visitor) or B-2 (pleasure visitor) status. (You are also not eligible to participate in the Visa Waiver Program; Canadians are exempted from the visa requirement by a different section of the law. If you try to apply for ESTA, you will see that "Canada" is not available in the list of ...


49

Speaking specifically about visas for the USA, as far as I can tell, it is not acceptable (it's not illegal, it just means they won't accept the photo). The US Department of State's page on photos in visa applications has a section near the bottom, "Detailed Examples of Visa Photos", under which there's a tab "Digital Alterations and Retouching" which ...


46

You need to call the CBP immediately at +1 202 325 8000, ask for a supervisor (tell them it's a complicated and serious matter and that you must be 100% sure to receive the right answer). Tell them your passport number and last admission number (can be looked up here), and tell them exactly what the officers in New York told you. Ask them to check their ...


46

I would recommend you file for an extension as soon as you are sure you are not likely to be able to leave on time. All things considered, this will probably be early May. Here is the current situation: India has suspended all commercial flights in and out of the country through 3 May 2020. By 4 May at the latest, there should be a new announcement, and ...


39

Is filing I-539 the easiest way to extend her stay at this time? Yes. It's also the hardest way. It's the only way. More seriously, there could be some sort of amnesty or other program offered to nonimmigrants in the US who are affected by the pandemic. If that happens, it could save you a few hundred dollars. But I wouldn't count on it. I certainly ...


37

But from what I’ve read, a Visa doesn’t guarantee entry... what are the chances of me now being denied entry by an agent at the border? Exceedingly small. That disclaimer is there because the immigration officer (IO) may uncover grounds of inadmissibility that were not considered by the visa officer. For example, the IO may develop a suspicion that your ...


35

In my experience, the United States CBP agents don't typically consider where you're flying in from for immigration purposes; it's much more important for goods importation, custom duties, etc (the "customs" part of Customs and Border Patrol). At airports, the focus is definitely more on immigration, and for immigration purposes, your country of citizenship ...


34

Some suggestions from a friend, conveying some advice from a forced-marriage-fighting charity. The woman posting the question needs to hide a spoon in her underwear when going to the airport before she gets to the plane. When she is screened, either via metal detector or backscatter it'll trip the scanners, and they'll have to take her into a more private ...


31

She can file Form I-539 for Extension of Status at any point up until her status expires. The application just has to be officially received by USCIS before her status expires. If she filed her Extension of Status application before her status expired, she can stay in the US while it is pending even if her status expires in the meantime. The government will ...


28

ESTA did not exist in those days, but the visa waiver program (VWP) did. Most likely, you and your parents traveled under the VWP. The practical consequence of this is that you will have filled out green I-94W forms instead of white I-94 forms just before arriving in the US (in addition to the blue-and-white customs form that is still in use today). ...


26

Can't you just say you're going and then not go? They're not going to know if you got on the flight, or if you were denied. If you're denied you'll never get past immigration and -- if they're meeting you there -- they'll never get past immigration in the other direction. Now sometimes immigration will inform people waiting that you've been denied but it's ...


26

State (supposing it is true) that the purpose of your visit is to have meetings to plan and coordinate ongoing work you're performing for the employer in your home country. This is a permissible activity for a business visitor, whereas actually doing the work would not be. So be sure not to give the impression that you'll be doing "productive labor" during ...


25

You do NOT have to return back to your home country. It's perfectly fine to travel to the US from anywhere as long as you have the right visa. Many people leave their home countries once, travel to many places as long as they have the right visas, then finally go back home. They don't have to go back home after every country they visit along the way. That'...


23

I have a multi entry visa in my expired passport and I need to carry that; and I was told if I would want a visa in a new passport, it's a new interview and all fees. So if you manage to lose your passport, your visa is poof, gone. The London US Embassy page concurs: Once you have obtained a new passport, you may apply for a new visa, if required. ...


23

Contrary to the allegations of some other answers here, CBP (U.S. Customs and Border Protection) does not make up rules on the spot. Here is, quite literally, the letter of the law on who's allowed into the US and who's not: INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY The ...


23

Section 214(b) is part of the Immigration and Nationality Act (INA) states : Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status... So officially the issue is that the consular staff were not ...


22

To get a temporary visa to the US the Visa Officer needs to believe that you have sufficient ties to your home country to leave the country after the purpose of your stay is over. If you have very little income and are going to visit Google HQ they will assume that you'd try to just stay in the US illegally. Having a higher income and a residence will help ...


21

No. Here's what the US government has to say on the question: DO I NEED TO APPLY FOR ESTA IF...? If I have a current, valid visa? Individuals who possess a valid visa will still be able to travel to the United States on that visa for the purpose for which it was issued. Individuals traveling on valid visas are not required to apply for an ESTA authorization....


21

When applying for the US visa, there is a question asking whether you have been to the USA, and how long. Thus you have no means "not to mention" it, the only option available is to lie about it. And this is certainly not recommended. The Customs might or might not keep the records that long, and they might or might not check them when you arrive, or when ...


21

Refusals don't expire, least of all in any way that has anything to do with passports. Refusals are on you the person. If you were a dual citizen and carried two nations' passports, you'd have to disclose refusals that happened there, too. However, old refusals, especially over routine stuff like lack of adequate paperwork or youth/lack of ties to the ...


21

There's nothing inherently suspicious in that pattern. The visits have been short and not particularly frequent. In total you spent about 20 days in the US during the entire year; you're nowhere close to the point where it might look like you're doing visa runs or taking other steps to try to game the system. On the contrary, because you have a history of ...


20

Worth noting that as far as I know paying taxes in the US is independent of your legal status and you should have paid them. In fact you are very likely in more trouble for not paying your taxes than for overstaying. You should get your tax issue sorted (with a competent lawyer) before setting foot in the US ever again as this could get you in jail while ...


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