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Urgent! Entry in U.S. before GC interview

alemitmee said:
Starfleet,
I was actually posting on this very issue. As far as I can tell there is really no black and white yes or no to this question. Having an application filed on one had, means that you are indicating that if selected and approved for a GC that you would move to the US as an immigrant. (i.e. you have shown immigrant intent) At the same time just because you go to the US on a visa waiver it does not necessarily mean that you will be remaining legally in the US. So really if you want to go I think the onus is on you to prove that you must return after a set period of time. Chances are you may not even be asked, chances are you could be questioned, and chances are if questioned and they are not convinced then you could be refused entry. Its very frustrating I know! But by simply carrying work ID, or maybe an employer letter or something similar with you, on the off chance that you are stopped, to prove that you must return to your country of origin, may help you out. I think the best thing is to be honest with the immigration officer. I have been in and out of the US on various types of visas over the years, maybe 10/12 times, so I have had ample opportunity to remain there. It goes against my personal beliefs, that is why I have never tried to stay. I have no business living/working in a country that I have no work authorisation for. I reckon an official would most likely see me as a low risk as an illegal immigrant, that said they cold still refuse me entry. If you are going, be prepared and upfront with immigration and in *theory* you should be fine. But there is always the risk that you may be refused admittance, although this is a risk that everybody who enters the US under the visa waver runs. As usual an unclear answer due to one of the most complex/confusing immigration systems in existence :confused:
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Well, I know what you mean. I usually spend my vacations every year in the US. The thing that does scary me is the way they ask questions on WVP form, and the way it may break your case.
I don't want to get trapped on a question where you can only answer Yes or No on the form; [in fact the answer would be like "yes i intend to move to the
States but not until I get my GC through the official DV processing. So, no, for the next 3 weeks, I 'm just gonna have fun with my friends in Florida, like I do every year, and go back to my country like I always did."]. You can say that to the Officer who may trust you, but on the form, it would not be as subtlety stated. I feel like a dangerous zone around the way it might be interpreted during the Consular interview for getting the GC. (like you swore a false or incorrect statement, etc.).
 
Starfleet said:
Well, I know what you mean. I usually spend my vacations every year in the US. The thing that does scary me is the way they ask questions on WVP form, and the way it may break your case.
I don't want to get trapped on a question where you can only answer Yes or No on the form; [in fact the answer would be like "yes i intend to move to the
States but not until I get my GC through the official DV processing. So, no, for the next 3 weeks, I 'm just gonna have fun with my friends in Florida, like I do every year, and go back to my country like I always did."]. You can say that to the Officer who may trust you, but on the form, it would not be as subtlety stated. I feel like a dangerous zone around the way it might be interpreted during the Consular interview for getting the GC. (like you swore a false or incorrect statement, etc.).
Click to expand...

Ok, I have pasted the visa waver form below. It does not actually ask if you have a visa application pending. So by entering on the visa waiver you are not actually in breach of the questions on it. Lets face it, depending on your case number, I hope it’s a nice low one, not sky high like mine! :) you are more then likely going to get a GC so the chances of you overstaying and putting that in jeopardy are minimal. I reckon you will be fine, as will I be, to enter the US for a holiday. If one of the questions directly asked you if you have a visa application pending then yes that could be a sticky situation, but it does not so I reckon you will be fine. There is no need for you to lie. So go and enjoy your holiday! :)

Do any of the following apply to you ? (Answer Yes or No)
A Do you have a communicable disease physical or mental
disorder, or are you a drug abuser or addict ?

Yes No

B Have you ever been arrested or convicted for an offense or
crime involving moral turpitude or a violation related to a
controlled substance; or have been arrested or convicted
for two or more offenses for which the aggregate sentance
to confinement was five years or more; or have been a
controlled substance trafficker; or are you seeking entry
to engage in criminal or immoral activities ?

Yes No

C Have you ever been or are you now involved in espionage
or sabotage; or in terroist activities; or genocide; or
between 1933 and 1945 were you involved; in any way in
persecutions associated with Nazi Germany or its allies ?

Yes No

D Are you seeking to work in the U.S.; or have you ever
been excluded and deported; or have been previously
removed from the United States; or procurred or attempted
to procure a visa or entry into the U.S. by fraud or
by misrepresentation ?

Yes No

E Have you ever detained, retained or witheld custody of
a child from a U.S. citizen granted custody of the child ?

Yes No

F Have you ever been denied a U.S. visa or entry into the
U.S. or had a U.S. visa caneled? If yes; when and where ?

Yes No

G Have you ever asserted immunity from prosecution ?

Yes No

Important: If you answered "Yes" to any of the above
please contact the American Embassy before you travel
to the U.S. since you may be refused admission into
the United States.
 
hey i am DV 2008 winner studying here in US and i have an interview in MArch in Nepal.So could you please tell me that i will be allowed to return US using my F-1 visa if my GC interview get denied?Please reply its urgent.Or can i adjust my status ?,because i already mention to go for CP in the form i had submitted to KCC.
 
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