Did you ever consider simply asking this question during your visa interview? It will probably get cleared up in a matter of seconds.
I have been in this exact position. I had my DV approved in Montreal, and then a few weeks afterwards I wanted to make a short visit to the US, without actually intending to immigrate on that occasion. I travelled by car from BC to WA, where I expected to have my green card processed at the border. The border official became extremely upset and agitated at my assumption, and casually accused me of fraud, suggesting that I was trying to get LPR status before migrating in order to start the clock on the 5 year path to get citizenship. It was a dreadful experience, but in hindsight predictable since it was a fairly remote crossing where nothing happens except a few Canadians driving through to buy some cheap gas and liquor.
He ended up making me go through the border on the VWP for which I had to pay $6. I was worried this would cause chaos for when I actually migrated, but the USCIS official who ended up processing me when I migrated didn't even mention the strange incident that I'd been issued a tourist visa despite having a DV visa in my passport which predated it.
My advice is be totally forthright and leave the decision up to the individual officer (who may act differently to who I dealt with) and expect either scenario. If you say you are immigrating. but it's clear that you're only bringing in weekend luggage, it will look suspicious. That's what the border official told me in Washington State, who noticed that there wasn't any luggage in my car.
Hi John,
What did you tell the border officer your intent was in entering the US?
Thanks.
I was totally honest. When I pulled up to the booth I said I was going skiing for the day and then returning to Canada, but that I also had a DV visa which I thought would be activated when I entered. I left the decision entirely up to him whether to issue me the DV or a VWP visa but it still caused a major incident. Anyway, I still had a great day skiing!
Did you get the DV activated on that day? I wonder how the officer would have reacted if you said you were there specifically to activate your DV.
Canadien citizens do not use VWP. VWP is for citizens of 36 countries only, and Canada is not one of those.
Canadien citizens do not use VWP. VWP is for citizens of 36 countries only, and Canada is not one of those.
They have much in common: no visa is needed to enter in B-1 or B-2 status.
Key differences:
-VWP allows entry up to 90 days, Canadiens could enter for the period up to 180 days.
-VWP does not allow change of status in the US while Canadiens do not have those limitations.
-Too frequent and lengthy stay on VWP will most likely lead to denial of the next entry; much less common for Canadiens but still possible
I do not see any negative consequences entering temporarily before entering on an immigrant visa. However, I see some very serious negative consequences entering on an immigrant visa without telling the officer at the border about the true nature of your trip. That is why I would first ask for a nonimmigrant status, describing the true nature of your trip, and only when being denied (unlikely) an entry because of lack of non-immigrant intent would use an immigrant visa. You have to disclose the true nature of your trip to the immigration official, after all.
Let him decide whether your trip is of non-immigrant nature or of an immigrant nature. Use the status he determines appropriate. Provide him with full information he needs (and asks for) to make the right decision in order not to be blamed later in willfull misrepresentation of an immigraion officer.
Are you a Candien Permanent Resident? If not, and if you do not spend much time in Australia, you might be denied entry on VWP. In order to qualify under VWP you need to spend much time in the country of your permanent residence.Ahh, but I'm not Canadian, but Australian. The only way I can enter the US is with the VWP or some other Visa, which I don't have.
Mistakes happen. But if you have the knowledge and are ready to share it with them, they will give you a chance to talk and they will listen vey seriously. That is for sure.(1) patience (2) understanding (3) knowledge.
This isn't a formula i would be subscribing to when dealing with immigration officials
Are you a Candien Permanent Resident? If not, and if you do not spend much time in Australia, you might be denied entry on VWP. In order to qualify under VWP you need to spend much time in the country of your permanent residence.
So, you are Australian and currently in Canada? And will be processing for an Immigrant Visa in Canada? But not a PR in Canada? You will be interviewed for IV in June then make a short business trip to U.S. in July?
Have you considered that you have to hand over your passport for the IV to be produced and placed inside and that you will not have your passport for a period of time? This is something that you may wish to bring to the attention of the Consular Officer because as an Australian you would need your passport to enter the U.S. regardless of using the VWP or activating your IV. No passport in hand = No entry to the U.S.
Logistics can be a pain in the butt!