Question:
I am waiting for my green card to be processed, and am anticipating
emigrating within the next 6 months, but I travel to the US every
month on a visa waiver to visit a friend. When I enter the US on a
visa waiver, technically I am not entering with intent to stay, but if
they checked and discovered that I am applying for a green card, can
they refuse me entry? I have no history of overstaying and only stay
1-2 weeks every month/six weeks. Is this suspicious and should I stop
going so often?
Answer:
I really want to start moving my stuff over bit by bit but I am afraid
that they will think I am trying to stay before my green card is
processed, although I am not. I want to do everything legally but I'm
not sure how strict this is.
Even without a Green Card pending, entering the US that frequently on the
visa waiver can be problematic, and people have been denied admission. On
the other hand, you really have little to lose. If you are denied
admission, you have two options. The bad one is to let INS put you into
"expedited removal" procedure. The good option is to, as soon as you feel
you won't be admitted, ask INS to withdraw your application for admission.
Fortunately, that's what INS will normally assume anyway. They usually
only do expedited removal if you start arguing with them, or lie about
something, or so.
If you ask to withdraw your application for admission, you will be put on
the next plane back, but there won't be any black mark on your record, and
you will get your Green Card eventually.
If INS did put you into expedited removal proceedings, then the situation
is different: in that case, you would be considered deported, and
therefore banned for five years.
Don't start moving stuff until you have your immigrant visa. Having stuff
with you that is not typical for the stated purpose of your visit is a big
red flag for INS and makes it far more likely that they will not admit
you.
...that is very helpful. I kind of thought it may be
like that but I really needed to hear details of what to expect.
