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Ely
Ely, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 102162
Experience:  US immigration attorney licensed in state and federal court.
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I am a British citizen.. I am recently had a child whose

Customer Question

I am a British citizen.. I am recently had a child whose father is a US citizen.. I am currently in the process of appyling for citizen for the baby who is now 4mths old.
I assumed that as I have a child who is becoming a US citizen I would apply for a visa so as to make longer visits...
I was shocked as I was declined on the basis that I have an online business so would be likely to work while staying in the US and this is not allowed...
What can I do I would like to travel with my daughter to meet her family in the US...
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. If you have something that may give USCIS/ICE/CBP authorities pause (a criminal record, a possibility of working while on a tourist visa which is not allowed, a possibility of wanting to stay permanently, etc), then The Visa Waiver Permit may be denied (when applying via ESTA, which is the online method used for the Visa Waiver Permit).

If this happens, then there is no "reconsideration." Do not worry however, you can and still should be able to get a tourist visa. You'd simply have to apply for the B2 tourist visa, which is done at your nearest US Consulate/Embassy. The B2 tourist visa is a 6 month visa with a one-time extension optional (whereas the VWP is for 90 days only with no extension). See HERE.

At the B2 interview, you can explain and "smooth out" any situation that ESTA red-flagged you for.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
Thanks for your response, I was told because I have an online business then I am likely to work in the states!
Is there any visa that I can apply for based on my baby becoming a US citizen? I was thinking of applying for the immigrant visa as the parent of a US citizen but I am not sure if this would apply as I do not really wish to live in the US?
Expert:  Ely replied 1 year ago.

Thank you for your reply.

" I was told because I have an online business then I am likely to work in the states! "

Right, you had stated that before. While this may not be true, the US authorities take a dim view of anyone working on a tourist visa while in the USA (although they should not care even if you do provided it has nothing to do with a US client, but they do have discretion to make such ad hoc decisions).

"Is there any visa that I can apply for based on my baby becoming a US citizen?"

Okay, we are changing topics now. Please tell me:

1) Are you married to the father?

2) What year was the child born?

3) What year was the father born?

4) Does the father live in USA or abroad?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
I did state that I was applying for citizenship for the baby in my original question.."Is there any visa that I can apply for based on my baby becoming a US citizen?"Okay, we are changing topics now. Please tell me:Answers
1) Are you married to the father?
No I am currently married to someone else but we have been separated over 10yrs2) What year was the child born?
My child was born here in the UK3) What year was the father born?
Her father was born 19714) Does the father live in USA or abroad?
Her father is US citizen and lives permanently in the US
Customer: replied 1 year ago.
Answer to question 2
Baby was 2016 currently 4mths old
Expert:  Ely replied 1 year ago.

Thank you. Your original question was: "What can I do I would like to travel with my daughter to meet her family in the US..." Meaning, a temporary visitor visa.

Which is fine. I simply meant we are switching gears to discuss citizenship.

For the child, the child may be able to get citizenship but the FATHER has to file. It would be based on the father's US citizenship. See HERE.

For you, you can file for a B2 tourist visa like discussed and that is regardless of whether or not you have a child that is a US citizen. However, you do not have any other visa option if the child does become a US citizen, I am sorry to say, since you are not married to the father.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
I appreciate your honesty..
I just want to know what my best options are..
So as to save my self time and money... As the information on the US embassy website for me is unclearIf I am successful with B2 tourist visa does it means that I now have to re-apply everytime this visa expires to enter the US?
Expert:  Ely replied 1 year ago.

No problem.

No. A B2 normally is good for ten years, meaning that you can visit the USA any time for 6 months at a time (with an optional 6 month extension) within those 10 years. Once 10 years pass, you can reapply for another 10 years.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
Ok Got you!!
Thank you so much for your response!!You have been very helpful... As I was so stressed out!
Expert:  Ely replied 1 year ago.

You are very welcome. Good luck, and please don't forget to RATE my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please use the REPLY or SEND button to keep on chatting – I want you to be satisfied.

Ely and 2 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much!
I am satisfied!
Expert:  Ely replied 1 year ago.

No problem. Good luck.

Customer: replied 1 year ago.
Today was the day of my second appointment, I applied for the B1/B2 visa as per your recommendation and was once again declined..

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