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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
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Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Visa Waiver Questions

What is a visa waiver?

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.

If a person who is not a U.S. citizen marries a citizen within the Visa Waiver Program time limit, how would they go about getting a divorce?

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.

If a person from a different country comes into the U.S. through the Visa Waiver Program and wishes to get married, how would they go about the process to where the visitor would be able to permanently stay in the United States?

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.

If a person’s visa waiver time period is about to end and that person would like to renew it, is there a time limit before one can re-enter the United States?

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.

If a person from out of the country is applying for a J-1 visa waiver, are they allowed to go back to their home country while the approval is pending, or would that diminish the person’s chances of being accepted?

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.

Ask an Immigration Lawyer

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: General
Satisfied Customers: 34892
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
characters left:
2 Immigration Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
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    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Immigration Lawyers are online & ready to help you now

Guillermo J. Senmartin, Esq.
Immigration Lawyer
Satisfied Customers: 30464
10+ years of experience in various aspects of U.S. Immigration Law.
Georgetown Lawyer
Immigration Lawyer
Satisfied Customers: 8543
10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
Wilton A. Person
Immigration Lawyer
Satisfied Customers: 3550
Knowledgeable and experienced immigration lawyer.

Recent Visa Waiver Questions

  • hi, i work for very big tech mnc on their h1b and the same

    hi, i work for very big tech mnc on their h1b and the same client on whose the i-129 is filed, now i have been transferred to different state within usa to work at different client site. my company has filed and posted lca amendment for new work location.
    please advise that do i need to be filed for h1b amendment as well before i start in new location ? our hr immigration clarifies me that is not required as it is not a material change, please advise. if now i want to invite visitors what address that i need
    to mention on the file?
  • hello I am a Mexican and currently I have a B1 / B2 visa.

    hello I am a Mexican and currently I have a B1 / B2 visa. I plan to invest in the creation of a small Mexican restaurant with an American citizen as a partner in the state of Nevada. we estimate an investment of approximately $80,000 to $ 100,000 dlls between the two. I have understood that as a Mexican I need to apply for an E2 visa, but what I want to know is if it is possible to obtain this visa with an investment of 100,000 or maybe 80,000 between the two partners (a Mexican and an American) or what are the options that I have? . hope your reply and thanks in advance for your help! .
  • I am a US Citizen and I am married to a Costa Rica. She came to the US on a K1 visa. We go

    I am a US Citizen and I am married to a Costa Rica. She came to the US on a K1 visa. We got married here in the US and then was given a Conditional Green Card (after two years we could apply to have the conditions lifted. We lived in the US for two years. At which time she needed to go back to Costa Rica to care for her Grandfather. She missed the appointment lift the conditions on her green card by a couple of months. I followed her to Costa Rica to help out with her Grandfather and help out on the family farm for 10 months, but needed to return for financial reasons. My wife entered the US July 31 2011 and has been out of the US since May 15, 2013. I am assuming we must now reapply via IR1? What is the time frame for this and is there any way to speed this process up? What is the path for citizenship? Since she lived here for 2 years can any of this time be applied for her citizenship or is it lost time?
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