103

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 are only permitted to engage in activities that would be permitted under a B1 (business) or B2 (tourist) visitor visa, examples of which are enumerated on the ...


81

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;   04-29-2008) a. It is the Department of State policy that place of birth in a U.S. passport should reflect the current sovereignty as determined by ...


55

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 banned from entering without a visa ever again, and get a black mark in the US systems. Personally I would go with option 1, but it's up to you.


55

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 submit the application correctly, which could have devastating immigration-related legal consequences for you.


52

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


52

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 the United States After Deportation. Since you left voluntarily and have a US citizen spouse, it may be possible to receive a waiver and then apply for an ...


51

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 most recent passport information, even if that passport is expired. If you are a dual citizen but do not have a passport from another country, select the ...


51

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 your only hope is getting an appointment at the US embassy as soon as possible and obtaining a B1 visa. Also, do not, absolutely do NOT, tell US officials you'...


48

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 stay. US CBP does not care how long you stay in Canada. The clock does not reset when you make a short Canada visit and return to the US solely because they do ...


45

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 to back it up, as to why she will go home after 3 months and not stay illegally in the US. This includes how she can take three months off from whatever she ...


43

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 situation. Various bans have various durations, specified in the law. You can't ask the US government whether you currently have a ban -- in many cases they don't even ...


42

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 over, sometimes she was alone. Sometimes she was greeted with kindness, and others interrogated with malice (I was with her that time :/). It's a coin-flip as ...


39

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 restrictions, and it is best to check them out. The most significant restriction is that you can only volunteer to do things that are normally done on a ...


39

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 overstayed once the US will apply a lot of scrutiny and skepticism to your application. Your best shot is to consult with a capable immigration lawyer and create ...


34

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 again. You can apply for a visa. Be ready to show why you are unlikely to overstay again.


30

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 maximum of 90 days. This is a bilateral agreement, meaning that all countries participating in the VWP must allow US citizens to visit for tourism or business ...


29

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 booked and how she'll support herself. It's just to make sure that she's thought through how much she'll need to spend and support herself, without getting into ...


29

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 it's for a regular salary, is not permitted under the terms of her visa. There is no immigration lawyer in the country that would have told him this because it's ...


28

Speaking from first-hand experience, I can say with certainty that YES, you CAN use the VWP in order to enter the US to attend a job interview, either for a job in the US or for a job outside of the US. A VWP is functionally equivalent to a B1/B2 visa (they often actually write B1 or B2 on the entry stamp to designate this!), and there are no other visas ...


27

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 lawyers) saying that you need a fiancee visa for this purpose. But the State Department's Foreign Affairs Manual says that a B-2 visa is appropriate for this purpose:...


26

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 of 2015"), which has not been passed by Congress, but you are really looking at the wrong bill. This bill has not passed because it is no longer being ...


26

By comparing with a working payment form I was able to trigger payment by typing the following in console: // add the missing form inputs $("form").append('<input id="paymentDisclaimerChecked" type="checkbox" name="paymentDisclaimerChecked" value="yes" checked />') $("form").append('<input type="hidden" name="_eventId_pay" value="Submit" />') $("...


26

You're probably not formally banned, but that just means that a border guard will be allowed to let you in without losing his job over it, if he believes you're really a genuine tourist or business traveler. But they never have to let anyone in. And with the background you're presenting here you will have a devil of a time convincing any border guard that ...


25

There's an important distinction between leaving the US temporarily, and leaving permanently, which is as much as anything dictated by you returning to your place of residence. If you are in the US under the Visa Waiver Program (VWP) and you leave the US for a few weeks to visit Canada (or Mexico) with an intent to return to the US then you are deemed to ...


25

To elaborate on Patricia Shanahan's comment: Nationality rules are complicated enough that it is not reasonable to expect officials of one country to reliably determine whether someone is a citizen of another country. The passport system allows each country to give its citizens a document that is sufficiently standardized that it can be read and relied on ...


23

The source you cite says that people who've visited the named countries "on or after March 1, 2011" are ineligible. It does not say "in the five years before appplication." It therefore appears that the ban is permanent, at least until some possible future change in the rules. The same phrase, "on or after March 1, 2011," appears in the statute, at 8 USC ...


23

When I was a student I had an American girlfriend and my conversation lasted exactly 2 minutes every single time, so my first bit of advice is don't panic. The questions I was asked were: Reason for visiting. How long I was staying. How was I able to get ninety days off work and how did I intend to fund my stay. I answered truthfully that I was visiting my ...


23

No. Going to Mexico, Canada, and "adjacent islands" will not reset your 90 days (you can consult a list of adjacent islands). You can apply for a new 90 day period of admission by visiting a farther destination (say, Costa Rica) and returning to the US. However, such a move invites suspicion, and it's possible that you would be denied entry. The Visa Waiver ...


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