Staying longterm in the US - enters with VWP

[purpleghost 1]

We have a scenario here I would need some help with.

 

A friend of mine who is EU citizen would like to be in the US for more than the 90 days the VWP allows. Reason for this is that his father is having health issues and no one around to look after the dad. He thinks he could go and permanently be with his dad but LPR's petition will take 6-7 years to finally allow him be in the US. Filed already couple of years ago. He is over 21 year so fell to F2B. He has been visiting the US using VMP during holidays from work but because his dad's health deteriorating, he said he would like to leave his work in Europe & spend more time with him in the US. 

 

Anyone here know what are other options available besides using the VWP to continuously keep going in and out of the US after that 90 days? He is contemplating going to the US with the VWP and not going back after 90 days. I am advising him against this. Am I being to cautious? He was talking about doing some small work in the US too while with his dad so he wouldn't have so much burden with buying tickets to Europe and back in case he needs to keep checking in and out with VWP.  I told him I am quite worried that it might be impossible to get work with VWP since it isn't allowed.

 

Anyone here wiser with other options that might be available?

[geowrian 22,335]

4 minutes ago, daikku said:

He is contemplating going to the US with the VWP and not going back after 90 days. I am advising him against this. Am I being to cautious? He was talking about doing some small work in the US too while with his dad so he wouldn't have so much burden with buying tickets to Europe and back in case he needs to keep checking in and out with VWP.  I told him I am quite worried that it might be impossible to get work with VWP since it isn't allowed.

No, you are not being overly cautious. What he is contemplating is illegal and could lead to him being deported with a bar. God forbid this happens, but he would not even be able to come back to the US to see his dad's final moments or his funeral. Nobody on this site would or can advise somebody to take this course as it is illegal and against the VJ TOS to condone this or provide information on how to do this. Adding work into the mix is just another nail in the coffin...working on a VWP is another way to get deported and/or a bar.

 

Does his employer have a US branch that he can transfer to? If so, he can try to request a transfer and let the company sponsor him for a visa.

[Chewbacca 18]

One option is to apply for a visitor's visa, which will give him 180 days instead of 90. However remember that the CBP officer decides the length of his stay, so 90 or 180 days is not always guaranteed. If he enters using a visitor's visa he can apply for the extension of his stay (beyond 180 days) but he cannot ask for extension if he is admitted to the country using VWP. 

https://www.uscis.gov/visit-united-states/extend-your-stay

 

And you're right, he is not allowed to work in USA on a visitor's visa or VWP. That is ILLEGAL and can cause him serious problems in the future. 

[yuna628 9,528]

Overstaying VWP = illegal alien = subject to deportation = ban never getting back in.

Working while on the VWP = illegal.

Coming back and forth extremely frequently and spending more time inside the US than out of the US or not having enough evidence of ties to home may also earn him being sent back on the next flight and being banned from VWP use.

 

No one here can advise you to tell him to break the law, and you're doing the right thing by telling him not to break the law. I understand it's probably difficult for him, especially if his father is in ill health... is there no one else looking after him? He needs to use his head and not his heart - and don't ruin his chances of ever seeing his dad at all.

[aleful 1,905]

ditto to all that was said here

 

plus he might be jeopardizing his chance to get the GC if he overstays here

 

he isn't allowed to work here, he isn't allowed to overstay, he will loose his privileges of having a WVP

 

you are a good friend and he isn't thinking straight due to his father's health, but he needs to understand the consequences of loosing everything

 

[purpleghost 1]

1 hour ago, geowrian said:

Does his employer have a US branch that he can transfer to? If so, he can try to request a transfer and let the company sponsor him for a visa.

Unfortunately no.

 

16 minutes ago, aleful said:

 

you are a good friend and he isn't thinking straight due to his father's health, but he needs to understand the consequences of loosing everything

 

 I am planning to show this thread to him so he can also see what others think about the choices.

 

55 minutes ago, yuna628 said:

 

Coming back and forth extremely frequently and spending more time inside the US than out of the US or not having enough evidence of ties to home may also earn him being sent back on the next flight and being banned from VWP use.

 

I understand it's probably difficult for him, especially if his father is in ill health... is there no one else looking after him? He needs to use his head and not his heart - and don't ruin his chances of ever seeing his dad at all.

I actually told him that he can at least go to the US every year for vacation and see the dad. Using the VWP to visit 2 in a  year is also already for  me, too much. Those who could look after the dad neglecting him and living own lives.

 

I have tried to talk him out of that the illegal option. I thought and told going with VWP and checking out before 90 days each time is the only legal way I can see for him. Couldn't even suggest applying for tourist visa because he's got a petition filed for him already.

Edited February 19, 2017 by daikku

[Boiler 43,434]

Obvious solution is for the father to move to the son.

[Sunnyland 639]

If nobody here in US can look after his father then perhaps his father could move with his son in Europe. Is your friend's father also a european citizen? 

Edited February 19, 2017 by Sunnyland

[JFH 12,189]

He needs to, if he can, consider if this way. He has a great privilege at his disposal. The VWP which allows him to enter the USA for up to 90 days without a visa is something people in other countries can only dream of. The last thing he wants to do is screw up this privilege. 

 

The USA had been very kind to his family by allowing his father, who isn't a citizen, to live here permanently, by allowing him to visit 90 days without a visa and also by allowing him the possibility of settling here even though his father isn't a citizen (not many countries allow residents to being family members in, only citizens). 

 

You have been given good advice on the legal aspects of his plan. I understand it's difficult but we will all lose our parents at some point and we just have to deal with it. Breaking the law is not the way to deal with it. The VWP is for short visits. Not for living in the USA in installments. 

Edited February 20, 2017 by JFH

[mallafri76 1,012]

Can't the father move to Europe? As a European resident, he'd be living close to his son and have free medical care.

[purpleghost 1]

On 2/20/2017 at 3:27 AM, JFH said:

He needs to, if he can, consider if this way. He has a great privilege at his disposal. The VWP which allows him to enter the USA for up to 90 days without a visa is something people in other countries can only dream of. The last thing he wants to do is screw up this privilege. 

 

The USA had been very kind to his family by allowing his father, who isn't a citizen, to live here permanently, by allowing him to visit 90 days without a visa and also by allowing him the possibility of settling here even though his father isn't a citizen (not many countries allow residents to being family members in, only citizens). 

 

You have been given good advice on the legal aspects of his plan. I understand it's difficult but we will all lose our parents at some point and we just have to deal with it. Breaking the law is not the way to deal with it. The VWP is for short visits. Not for living in the USA in installments. 

True. He wants to know how often can he come into the US with VWP. He is now in the US with VWP and leaving by the end of March. His plan is to come back around Sept/Oct . Is this OK without issues with CBP?

 

On 2/20/2017 at 4:44 AM, mallafri76 said:

Can't the father move to Europe? As a European resident, he'd be living close to his son and have free medical care.

Yes he can but for the old man, N. Europe is too cold and free medical care isn't available for the dad (I think). 

[Boiler 43,434]

Certainly something to be looked into.

[MacUK 983]

One thing he should think of is also that if the care he is giving his father is something that would otherwise have to be done by a carer or nurse then what he is doing is illegally working.

[JFH 12,189]

On 3/19/2017 at 3:59 PM, daikku said:

True. He wants to know how often can he come into the US with VWP. He is now in the US with VWP and leaving by the end of March. His plan is to come back around Sept/Oct . Is this OK without issues with CBP?

 

Yes he can but for the old man, N. Europe is too cold and free medical care isn't available for the dad (I think). 

Who said it had to be Northern Europe? If he is an EU citizen he can avail of many warmer countries. 

[purpleghost 1]

On 3/22/2017 at 3:43 AM, JFH said:

Who said it had to be Northern Europe? If he is an EU citizen he can avail of many warmer countries. 

That's true although he said this is the last option as majority of immediate family and extended family [other states] are in the US .  

 

Someone else I know said it is easier for him to just get the E-2 visa since he is planning to quit work in Europe. He can invest [buy a business] with at least $75,000 in the US and in a way secure income, be with his dad and at the same time no problems with VWP.  Does this sound ok assuming there is that much money on him to buy a business in the US