99 votes

Working in the USA for living expenses only; allowed on VWP?

As a technical matter, your niece as a UK citizen can enter the U.S. under the Visa Waiver Program (VWP); the ESTA is an authorization for the bearer to attempt to enter under the VWP. VWP visitors ...
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  • 42.5k
85 votes

Traveled on an invalid ESTA due to prior N Korea trip. How screwed am I?

The only way to get a definitive answer will be to apply for a US Visa, but realistically it's extremely likely that the answer is "not at all screwed". Technically you did break the rules, ...
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  • 106k
81 votes

I was born in a city which is now under control of a different country. What is my "country of birth" on US visa/ESTA applications?

It's worth pointing out the guidelines the USA itself applies to U.S. passport holders: (My emphasis) 7 FAM 1330 APPENDIX D  BIRTH OUTSIDE THE UNITED STATES - CURRENT SOVEREIGNTY RULE (CT:CON-254;   ...
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  • 1,705
67 votes
Accepted

If I try to enter the US but can't pay the entrance fee, does that count as denial of entry?

Absolutely not. For land entry, the US has a process by which you are allowed to withdraw your application to enter the country. That is exactly and precisely intended for situations like this. ...
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55 votes

Will I face problems if staying 91 days in the US visa-free?

You have 3 options: Rebook your return ticket / Buy an additional one-way return ticket (might be less expensive than re-booking a non-refundable ticket) Get a visa (costs USD 160) Overstay, be ...
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  • 72.9k
55 votes
Accepted

Is this a legit ESTA application?

Thankfully your card hasn't been charged. Do not continue to deal with this service ONLY use the government site, NOTHING else. Not only are you likely to be charged much more; they may not even ...
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  • 72.9k
52 votes

I was born in a city which is now under control of a different country. What is my "country of birth" on US visa/ESTA applications?

Algeria. A look at the (electronic) form DS-160 tells you this:
user avatar
52 votes

Overstayed in the USA for 2 years was arrested then deported. When can I return?

The law here is somewhat complicated, but if you have more than a year of unlawful presence in the US, you face a 10 year ban. This guide for those in similar situations may be helpful: Returning to ...
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  • 84.6k
51 votes

Dual Citizenship but I only have one passport — how to use ESTA website?

From the ESTA Online Help: What if I have dual citizenship, but my non-VWP passport is expired or I do not have a passport for that country? If you have any additional passports, please enter the ...
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  • 116k
50 votes
Accepted

British citizenship, Polish passport, travelling to the US

TL;DR: You will need a visa You must use a British passport in order to travel visa-free, which takes 6 weeks to issue, with no expedited service being available for first-time adult applicants. So ...
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  • 72.9k
48 votes
Accepted

Missed flight at exact 90-day ESTA mark. Will exit US on transfer flight (US to CAN to JAP). How will this affect my future plans for I-129F visa?

Although stays in Canada famously do not reset the Visa Waiver Program 90 day clock*, that does not mean that stays in Canada after you have exited the US for the last time in a trip are added to your ...
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  • 57.9k
45 votes

What should my girlfriend say to border patrol when visiting the US?

She should tell the truth, as being caught in a lie can have serious consequences, including being barred from the US. The other thing she needs to do is have her story straight, and lots of evidence ...
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  • 57.9k
45 votes
Accepted

Travel to the US with a valid ESTA when technically no longer eligible

You are not eligible and need to apply for a visa. As the document you quote states, people who have traveled to North Korea after March 1, 2011 (with exceptions that presumably do not apply in your ...
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  • 84.6k
43 votes
Accepted

How can I check if I am banned from travelling to the US?

The ban is a matter of law based on the facts of your situation. You can look at the law and make your own determination about whether you are currently under a ban based on the facts of your ...
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  • 18.2k
42 votes

What should my girlfriend say to border patrol when visiting the US?

I've had my (now wife) visit me several times. I'm American, she is Irish. She visited me at least 5 times, if not more, before we got married on official fiancé visa. Sometimes I was with her coming ...
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  • 477
41 votes
Accepted

Is volunteer work allowed in the US while visiting under the VWP or a B1/B2 visa?

In general it is allowed to volunteer in the US when you are there on a B1 or B2 visa, or on visa waiver program, and for most other visas that do not permit paid employment. However there are some ...
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  • 57.9k
41 votes
Accepted

I made a mistake on my ESTA, am I screwed?

You are definitely not "screwed"! There's 2 issues that you're going to have to address as a part of the visa interview. The fact you've visited Iraq and Iran since 2011. This fact IS an ...
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  • 106k
39 votes

How do I get past a 3-year ban from overstay with VWP?

You have zero chance of getting into the US legally while the ban lasts. That's what a ban is. You can apply for a visa after the ban has expired, but it's going to be difficult. Since you already ...
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  • 62.4k
38 votes

Overstayed my VWP in 2008 due to marriage - will I be denied a B2?

You are not eligible for ESTA because you did overstay, there's no ambiguity about that. I see no need to call CBP, they are not there to help you and many times you will get wrong information anyway. ...
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37 votes

ESTA denied because overstay - how to appeal?

If you're sure he left within a 30-day grace period (i.e. it didn't expire), then e-mail the CBP at esta@cbp.dhs.gov and tcc@cbp.dhs.gov, explaining the situation in clear detail and attaching ALL ...
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  • 72.9k
35 votes
Accepted

What is the US Visa Waiver Program and what is an ESTA?

What Is the US Visa Waiver Program? The US Visa Waiver Program (VWP) allows travellers of certain nationalities to visit the US for tourism or business purposes without the need for a visa, for a ...
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  • 51.7k
35 votes

I have a valid ESTA and I got refused a B1/B2 US Visa

Answer #1 Your problem now is that even though you had (not have, had) an approved ESTA, you now would be required to answer Question 7 with a YES, instead of a NO. Have you ever been denied a U.S. ...
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  • 9,815
34 votes

Can I re-enter the USA after a 1-day overstay 3 years ago?

You did not acquire either a three year or a ten year ban because you overstayed by less than 180 days, but you are barred from using the ESTA again because any overstay prevents you from using it ...
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29 votes

How much money do you need to have on hand when entering USA?

Enough to support yourself for that period of time you're in the country. It's frustrating, but there's no fixed number. They'll likely ask your friend about her trip, where she's going, what she's ...
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  • 157k
28 votes
Accepted

Overstayed my US visa for over 10 years, never got deported, can I return as a tourist?

UPDATE Seek legal opinion. There is a school of legal thought which says aliens do not begin to accumulate illegal presence upon termination of SEVIS because it does not constitute a formal finding ...
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28 votes

Working in the USA for living expenses only; allowed on VWP?

He has been told this by an immigration lawyer! No, he hasn't. He's lying through his teeth, because as the top answer points out, the law makes it clear that ANY work, regardless of whether or not ...
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  • 708
27 votes
Accepted

Is the "Visa Waiver Program Improvement and Terrorist Travel Prevention Act" already valid?

You may have heard of talk about H.R. 158, the "Visa Waiver Program Improvement Act of 2015" (which may also be referred to as the "Visa Waiver Program Improvement and Terrorist Travel Prevention Act ...
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  • 18.2k
27 votes

Are these intended activities legal to do in the USA under the VWP?

Yes, all this is fine. Some people have been denied entry to the US when coming to the US even temporarily to marry a US citizen, so you will see advice online (even sometimes from immigration ...
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  • 116k

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