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Dear VisaLaw

As a UK citizen I am able to visit the USA under the Visa Waiver Program, which is what I have done in the past. My daughter, who is a naturalized US citizen, has now filed an I-130 petition. Will this make any difference in respect of further temporary visits while the immigration process is slowly proceeding? My reading of your invaluable web site suggests to me that the INS might refuse entry in these circumstances. Is this so, or am I confused? I'd like to make plans for a Christmas visit to the family. The disappointment and the financial loss if I were to be put on the next plane back would not be trivial. Do I go ahead? Thanks for those newsletters and all your other services.

Michael M

Most likely, if you enter under the Visa Waiver Program, there should not be any problem. The problems are encountered when one actually seeks a visa at a consulate. On the visitor visa application form, it asks if an immigrant visa has ever been filed for you. Using the Visa Waiver Program avoids having to answer this question. To be on the safe side, however, you should be prepared for questions relating to this when you enter. You should be able to demonstrate ties to the UK, such as a job, family, a home, investments, that indicate that you will return after your authorized period of entry is up. You should also know that there is always a risk that an immigration officer could deny you entry based on having the intent to remain beyond your authorized stay.

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