| Q. |
VWP Overstay and subsiquent visa applicatin/s
I am a UK citizen residing in the UK.
Married a US citizen Oct 19 2006 in Georgia during my 90 day VWP visit(Entered US Sept 26 2006). Intended to apply for Green card when finances were available (I could not work). Marriage broke down and left US Aug' 2007.
Aware I have a three year ban. Been offered a job in UK by 'Brown Paper Ticket' Co.(US Based) who are expanding to UK. Need to visit US for two week training - what are chances of obtaining a 'conditional' visa for this purpose?
User's Location:
United Kingdom
Category:
Temporary Work Visa (H,L)
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| A. |
Thanks for your question.
Although you do not state the facts entirely, I assume that you overstayed your visa waiver program entry in September 26, 2006. You left on August 2007, which is less than 365 days of overstay, and you are correct, that you are subject to the 3-year ban.
You are not able to use the visa waiver program, but you can apply for a business visa (B-1) or a tourist visa, with the support of your employer, who can request that the 3-year ban be waived so that you can travel to the U.S. on training. The chances of obtaining a U.S. visa are against you, but it is possible, with your employer's cooperation, to explain that the U.S. employer will experience hardship if you are not granted the U.S. visa.
I urge you to discuss this situation with your employer (and their lawyer) to come up with the best course of action given your employer's priorities.
Best regards. |
| |
Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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