Entering during IR1/2 with ESTA(VWP)

[ab1234 0]

Hi, I am dual citizen of U.S. and Japan.

I have lived most of my life in Japan and have a wife and son in Japan too.

Since January, I have been relocated to California for work.

I have apply for IR1 in January for my wife, there was a misunderstanding from my son's IR2 and started in April.

My wife just got approved from NVC, and my son is still NOA1 at USCIS(NBC).

I miss them so much, and I know it will take another 3months at least to get my sons to the embassy.

So, I would like them to visit me here in California.

I call the embassy, and they said there is not reason not to use Esta(VWP) to go, but it is all up to the CBP officer.

I undestand that the CBP officer will have the right to decline entry, but if I show enough evidence,

like letter from wife's employer, wife's car pink slip, round trip airline ticket, etc...

would they be able to enter and what evidence is relevant?

And also, does the stage that they are help or hurt there right to enter?

(I was able to get them in Feburary with no problem, when the I-130 just started)

Thanks

[JohnR! 5,495]

It is all up to the CPB offices. Your wife will have to present enough evidence and convince the officer she is not entering the US with the purpose of staying and moving with AOS while she is here.

Showing ties with Japan helps and if she feels they are doubting her story, she might want to make a statement to the officer to the effect that she knows that she would be committing immigration fraud if she were trying to enter the US on her VWP to stay as an immigrant. If things get complicated she has nothing to lose by doing so and showing she knows the law.

There have been cases where CPB officers have admitted beneficiaries in the same situation and made annotations on their passports to the effect they are not eligible to AOS while visiting , as a result.

Good luck!

Edited August 8, 2013 by Gegel

[ab1234 0]

Just a followup.

My wife and son have arrived and were grated the full 90-day VWP with normal PoE questions, and did not have to show detail documents etc.

BTW, PoE was SFO.

Thanks

[Harsh_77 718]

Cool have good time with them while they are here.

Edited August 28, 2013 by Harsh_77

[JohnR! 5,495]

Just a followup.

My wife and son have arrived and were grated the full 90-day VWP with normal PoE questions, and did not have to show detail documents etc.

BTW, PoE was SFO.

Thanks

That is good news! I am happy for you! Enjoy your family during their visit!

Edited August 28, 2013 by Gegel

[NikLR 13,227]

Just a followup.

My wife and son have arrived and were grated the full 90-day VWP with normal PoE questions, and did not have to show detail documents etc.

BTW, PoE was SFO.

Thanks

That's awesome. . I'm glad to know they got in okay. Make sure they leave before the 90 days are up so that they can continue to use the VWP to visit until your son's IR2 journey is figured out. Have a great visit!

[britishdakota 18]

Hi, I am dual citizen of U.S. and Japan.

I have lived most of my life in Japan and have a wife and son in Japan too.

Since January, I have been relocated to California for work.

I have apply for IR1 in January for my wife, there was a misunderstanding from my son's IR2 and started in April.

My wife just got approved from NVC, and my son is still NOA1 at USCIS(NBC).

I miss them so much, and I know it will take another 3months at least to get my sons to the embassy.

So, I would like them to visit me here in California.

I call the embassy, and they said there is not reason not to use Esta(VWP) to go, but it is all up to the CBP officer.

I undestand that the CBP officer will have the right to decline entry, but if I show enough evidence,

like letter from wife's employer, wife's car pink slip, round trip airline ticket, etc...

would they be able to enter and what evidence is relevant?

And also, does the stage that they are help or hurt there right to enter?

(I was able to get them in Feburary with no problem, when the I-130 just started)

Thanks

Can't you apply for your son's US citizenship based on decent?

[NikLR 13,227]

Can't you apply for your son's US citizenship based on decent?

Likely not.

One parent is a U.S. citizen at the time of birth and the birthdate is on or after November 14, 1986

The parents are married at the time of birth and the U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14^th birthday.

If the U.S. citizen parent spent time abroad in any of the following three capacities, this can also be counted towards the physical presence requirement:

• Serving honorably in the U.S. Armed Forces;
• Employed with the U.S. Government; or
• Employed with certain international organizations.

Additionally, time spent abroad by the U.S. citizen parent while the U.S. citizen parent was the unmarried son or daughter and a member of the household of a person who meets any of the three conditions listed above can also be counted.

If the child was born out of wedlock, see N-600: FAQ.

One parent is a U.S. citizen at the time of birth and the birthdate is before November 14, 1986 but after October 10, 1952

The parents are married at the time of birth and the U.S. citizen parent was physically present in the U.S. or its territories for a period of at least ten years at some time in his or her life prior to the birth, at least five of which were after his or her 14^th birthday.

If the U.S. citizen parent spent time abroad in any of the following three capacities, this can also be counted towards the physical presence requirement:

• Serving honorably in the U.S. Armed Forces;
• Employed with the U.S. Government; or
• Employed with certain international organizations.

Additionally, time spent abroad by the U.S. citizen parent while the U.S. citizen parent was the unmarried son or daughter and a member of the household of a person who meets any of the three conditions listed above can also be counted.

from: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD

Edited August 29, 2013 by NLR

[ab1234 0]

Likely not.

from: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD

Yes, your right.

I check with USCIS and the Embassy before applying IR2, and since I was only resident for the first couple years after birth, and don't qualify for that.

Although, once he enters with IR2, CCA of 2001 with make him US citizen on arrival.

So overall, I am happy except the wait...

Edited August 29, 2013 by ab1234