Extend Visitor Visa

My brother is visiting me here in the USA. He entered the USA with the
Visa Waiver Program. His 90 day period is going to expire in about a
month. He would like to extend his stay by a couple of months to
experience all the upcoming holidays (Thanksgiving, X-mas, New Years).
What kind of options does he have if any?

Thanks

"rob" wrote in message
oups.com...
My brother is visiting me here in the USA. He entered the USA with the
Visa Waiver Program. His 90 day period is going to expire in about a
month. He would like to extend his stay by a couple of months to
experience all the upcoming holidays (Thanksgiving, X-mas, New Years).
What kind of options does he have if any?

Thanks


The only legal one is to return home. You cant extend your
stay under the VWP.

That said if he returns home for a couple of weeks he can
probably re-enter without too much problem. Going back after
a day will probably attract unwanted attention and you cant
get round it by going to Canada for example

Thanksgiving isnt until Nov 24 IRC so he could come home
at the end of this month and go out again Nov 20th

You dont want to be travelling any later than that as its a
VERY busy travelling period but he should be able to pick
up cheap flights to the USA in mid November

Keith




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Thanks for the input. I have another couple of questions:

1) My brother's 90-day visa expires at the end of Nov. One option would
be that he returns to his country before the experation of his visa and
then return around Nov 18. Nov 18 would be before the experation of his
visa, though. Would this cause any problems, i.e. might they not give
him another 90 days but just like 7 days?

2) On www.cbp.gov I found the following information regarding returning
from a short trip to Canada and Mexico:

"This is provided they are otherwise admissible and meet all the
conditions of the VWP, with the exception of arrival on a signatory
carrier, in which case the inspecting officers have the discretion to
grant the applicants entirely new periods of admission."

Does that mean he would get another 90 days? If so what are the chances
that this would actually happen? Would he have to request this or does
that work automatically? If he has to request it what request are most
likely to be accepted?

Thanks

"rob" wrote in message
oups.com...
Thanks for the input. I have another couple of questions:

1) My brother's 90-day visa expires at the end of Nov. One option would
be that he returns to his country before the experation of his visa and
then return around Nov 18. Nov 18 would be before the experation of his
visa, though. Would this cause any problems, i.e. might they not give
him another 90 days but just like 7 days?


No, if admitted the period of the VWP is 90 days.

2) On www.cbp.gov I found the following information regarding returning
from a short trip to Canada and Mexico:

"This is provided they are otherwise admissible and meet all the
conditions of the VWP, with the exception of arrival on a signatory
carrier, in which case the inspecting officers have the discretion to
grant the applicants entirely new periods of admission."

Does that mean he would get another 90 days? If so what are the chances
that this would actually happen?

It suggests they can do so if they want and this will only apply
if the entry stub of the visa waiver was surrendered when you
left the country. This could happen if you flew to Canada
on an approved carrier.

When you rentered you would fill out a new I-94W and they
would readmit you.

Given how much they have tightened up I wouldnt try and re-enter
after a day or two, they pay MUCH more notice to this stuff
than was the case 5 years ago..

Would he have to request this or does
that work automatically? If he has to request it what request are most
likely to be accepted?


I wouldnt rely on anything other than going home and making a
return trip after a decent interval.

Its possible perhaps even likely that if he returns home
after 89 days and then goes back to the US 2 days later
they'll decide he's taking the **** and refuse him entry.
The whole point of the VWP is to allow tourists etc in for
short stays without applying for a visa. These guys are
aware of people trying to 'game' the system. I've seen
people refused entry for just this reason.

If on the other hand you come back after 60 days and
then make another trip a month later there'll almost certainly
be no problem

The shortest period I ever had been entries was 10 days but they
were short trips (14-21 days)

Keith



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On 12 Oct 2005 08:11:54 -0700, "rob" wrote:

My brother is visiting me here in the USA. He entered the USA with the
Visa Waiver Program. His 90 day period is going to expire in about a
month. He would like to extend his stay by a couple of months to
experience all the upcoming holidays (Thanksgiving, X-mas, New Years).
What kind of options does he have if any?

If he returns to his home country and stays there a while and then
comes back, there should be no problem. However, if he does this a
lot, he may begin to arouse suspicions.


--
Barbara Vaughan

My email address is my first initial followed by my last name at libero dot it.

"rob" wrote in message
oups.com...
My brother is visiting me here in the USA. He entered the USA with the
Visa Waiver Program. His 90 day period is going to expire in about a
month. He would like to extend his stay by a couple of months to
experience all the upcoming holidays (Thanksgiving, X-mas, New Years).
What kind of options does he have if any?

Thanks


His best option is to contact the proper US agency. While this group is very
literate these issues, you shouldn't rely on advice from a stranger --
talk to the appropriate agency.

On Wed, 12 Oct 2005 16:35:28 -0400, "Sarah Banick"
wrote:


"rob" wrote in message
roups.com...
My brother is visiting me here in the USA. He entered the USA with the
Visa Waiver Program. His 90 day period is going to expire in about a
month. He would like to extend his stay by a couple of months to
experience all the upcoming holidays (Thanksgiving, X-mas, New Years).
What kind of options does he have if any?

Thanks


His best option is to contact the proper US agency. While this group is very
literate these issues, you shouldn't rely on advice from a stranger --
talk to the appropriate agency.

In this case, I wouldn't want to use actual names with the US agency,
and I would say I was inquiring for the friend of my brother-in-law.

--
Barbara Vaughan

My email address is my first initial followed by my last name at libero dot it.

While there is a chance my brother could get another 90 days by going
to Canada the best approach seems to be going back to his country and
then return after a week or two. What is most important to him is that
he can come and visit me again on a VWP in the future. Therefore,
risking to get into conflict with any laws is not the way to go. It is
also very unlikely he will ever want/is able to stay more then a couple
of weeks in the future. In any case, what are the chances for him to
get rejected on the VWP if he returns 1-2 weeks following a stay of 90
days in the US? Would it be better for him to request a 3 month tourist
visa? The later is not prefered as it might take too long.

Thanks

On 13 Oct 2005 02:33:44 -0700, "rob" wrote:

While there is a chance my brother could get another 90 days by going
to Canada the best approach seems to be going back to his country and
then return after a week or two. What is most important to him is that
he can come and visit me again on a VWP in the future. Therefore,
risking to get into conflict with any laws is not the way to go. It is
also very unlikely he will ever want/is able to stay more then a couple
of weeks in the future. In any case, what are the chances for him to
get rejected on the VWP if he returns 1-2 weeks following a stay of 90
days in the US? Would it be better for him to request a 3 month tourist
visa? The later is not prefered as it might take too long.

Well, based on my experience, a friend of my brother-in-law did that
not once but maybe 4 or 5 times. Later this friend was given a
work/study visa with no problem.

However, that doesn't guarantee anything. A lot of discretion is given
to the immigration office who checks your passport on arrival. And if
he is in a bad mood or doesn't like your looks for some reason, he
could give you some trouble. I just don't think it would happen the
first time you returned after a short absence. I hate to say it, but
young males who look middle eastern might have a tougher time than
others.

The Schengen area in Europe has a hard and fast rule: you can't spend
more than 6 months at one time, nor more than 180 days in one year in
the Schengen area on a tourist visa waiver program. The US is in a way
more flexible, because they don't have that 180 day rule, but, as I
said, the immigration officer is free to decide whether you are
abusing the VWP.
--
Barbara Vaughan

My email address is my first initial followed by my last name at libero dot it.