Immigration Law Questions? Ask an Immigration Lawyer.
A visa waiver is a program that was founded by the United States government. This program encouraged tourism and business with certain countries and the citizens in those countries. The visa waiver allowed people from those certain countries to come into the United States for as long as 90 days without having to apply for a visa, which is a legal document that would allow non-citizens of the U.S. to enter the country. Before the Visa Waiver Program was established, it was very hard for people to enter the country without having to go through the difficult process of applying for and receiving a visa. Read below to find Expert answers pertaining to visa waiver applications, and visa waiver questions.
A divorce is usually required to be carried out from where the two people reside. So, in order for that to happen, the person who is not a U.S. citizen would have to go back to their home country and divorce their U.S. citizen spouse from their country while their spouse stays at their own home in the U.S. The only way that the visitor would be able to file for divorce in the United States would be if they were living in the country for six months or longer, even if it was illegally. This would most likely allow the person to qualify for the requirements to divorce within the country. If they did not meet the requirements, they would have to file in their own country.
The issue with this particular situation is the fact that people are not allowed to enter the country through the Visa Waiver Program with a dual intent. A dual intent is an immigrant’s supposed hidden intentions when they entered the U.S. The government would think that the person’s intentions were to stay in the U.S. all along instead of just staying and visiting for the allotted 90 days. It would be allowed for the person to get married in the States; then the person would return to their home country and have their U.S. citizen spouse fill out an I-130. Assuming that there are not legal issues, the person would be granted permanent residence after the wait period of about six to eight months. Some couples who do marry before establishing permanent residence may risk having the illegal immigrant stay when they file an I-130 or I-145.
The rule is that once the visa waiver expires, the person must leave North America and the surrounding countries before the 90 days will be reset, then the person would be able to return. If one was trying to do an overnight stay in Canada or Mexico, it would not be allowed and the 90 days would not be reset. There is not a set time period before one can be re-admitted into the U.S. The officer at the port of entry will decide whether or not the person can enter the country once again.
Going back to one’s home country should not affect the acceptance or rejection of the J-1 visa waiver application that the person has filed for. The person should be able to go back to their home country without having to worry about lessening their chances of being accepted for the two year home residency, or the J-1 visa waiver.
When it comes to visa waivers, there are many people out there who try to find loopholes in the system in order to stay longer than the 90 day allotted time given by the government. Staying illegally in the country is a very risky thing to do, because if one is found out, they could get into serious trouble and would most likely destroy their chances of coming back into the country. Many questions do come up about the visa waivers and how they work with certain circumstances popping up. When questions like these arise, remember to ask the Experts.
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