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Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28862
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am a US citizen who has not lived in the USA years

Customer Question

I am a US citizen who has not lived in the USA for 47 years (age 67). I have been retired for over 7 years. My husband is Jamaican and we have been married for 5 years. We wish to visit the USA and my Father who is in his 90's. My husband has been refused a visitors visa now twice on his Jamaican passport because not only is married to me, but his Mother and three brothers are all US citizens. We have no intention of living in the USA ever. He has now received his BOTC, British Overseas Territories Passport, which only requires a visa waiver to visit the USA. Can we apply for a ten years visitors go in and out to visit relatives etc. Can he now apply for a visa waiver on the BOTC? We live in the Caribbean.
Submitted: 2 years ago.
Category: Immigration Law
Customer: replied 2 years ago.
I am also a UK citizen and we have no problem getting him a visitors visa for there. I don't understand because it would be easy to get him an immigration visa and green card if we went to live in the states, but they won't let us JUST VISIT??? Why?
Expert:  Judith Ludwic replied 2 years ago.
Hello, my name is Judith. Thank you for this opportunity to answer your questions. I have 34 years experience as a licensed immigration attorney.
What are your joint assets in UK, home, does he work financial holdings pension?, etc?
When did he last apply? With his BOTC?
Customer: replied 2 years ago.
We have no joint assets in the UK ...he has his own property in Jamaica and children living there and in one in Anguilla where we live now. All our assets are separate. All my children are UK citizens. He has never applied with his BOTC...we want to know if we should apply now with that passport for a visa waiver or use his Jamaican passport to try for a visitors visa again. He still works, has a government pension in Anguilla. We do not live in the UK we live in the Caribbean. To go to the American embassy in Barbados or Jamaica is expensive (hotels and flights) and it costs us over $400 every time he has applied and been refused. You would think there would be some kind of Consular service to aid people with these problems but the embassy is not very 'user' friendly when it comes to visas for people married to US citizens WHO DO NOT want to emigrate. It seems we could move to the USA, and it would not be a problem, but we do not want to and I doubt we ever will.
Expert:  Judith Ludwic replied 2 years ago.
Oh, I so understand you!
I am very very surprised that since he is continuing to hold employment, and has a pension in Anguilla.
Those are two very strong pieces of the puzzle to show intent to return and no intent to immigrate.
He cannot apply for the VWP with his new passport because he has been denied a visa. It doesn't matter that the visa denial was under his Jamaican passport, it was a denial for and knocks him out of VWP eligibility.
So that leaves him with one option left and that is to apply once again for the visitor visa using his new passport.
I would suggest he get a letter from his employment stating that he has been given holiday authorization for 2 weeks and that they state his employment history, date of hire, position, salary and that the job remains open to him.
He should take in evidence of his pension. Also, get a letter from your father's doctor stating that he is in "fragile" health. Anyone in their 90's is fragile. It does not mean he has a life threatening condition but it does mean his life term is finite.
He needs to take evidence of having a lease or mortgage on his residence in Anguilla that he cannot just walk from.
I would also suggest you write an affidavit of you total lack of intent to ever return to live in the US. As a 47 year ex-pat you are happy living the island life, have your own pension there and a far better life than you would have living state-side.
If his visa is refused, then he should not leave the window. He should demand in a very courteous way that he be allowed to see the unit supervisor for non-immigrant visas.
He should explain that you and he both know you can go through the motions of obtaining an immigrant visa for him but it is a total waste of the government resources and your finances since it is just using the back door to go for a 2 week holiday. It makes no sense because you have it too good in the islands and island living is how you wish to remain.
If that fails then you can write to the Consul General and the Visa Office in the Washington, DC.
But I would try this step first, despite the cost.
Hiring an attorney who specializes in consular processing could help, it tends to add credibiity, but it also adds considerable cost and I would go for it again without assistance.
I will lead you through the next phase if the visa is refused.
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