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Ely
Ely, Lawyer
Category: US Law
Satisfied Customers: 101312
Experience:  Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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We are UK citizens who wish to retire to the US, How long can

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We are UK citizens who wish to retire to the US, How long can we stay in the country at one time. We are independent financially and have lived and worked there before?
Submitted: 1 year ago.
Category: US Law
Customer: replied 1 year ago.
I asked my question at 12.05 and am a little concerned about getting an answer.
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.
Customer: replied 1 year ago.
Thank you. Do I need to repeat my question or do you have it? I also want to cancel my payment I made today as I was confused about being able to use the site for free for 7 days.
Expert:  Ely replied 1 year ago.
I have it.... typing out my answer now.
Expert:  Ely replied 1 year ago.
As citizens of UK, you have an automatic visa via the Visa Waiver Program for 90 days that is granted at the border, provided you clear the online ESTA application, first. There is generally no extension for VWP. At end of 90 days, you have to go back. You can apply for a B2 visa, which allows a 6 month trip and at least one 6 month extension (at discretion of USCIS). However, more than one extension may be denied and one will have to return. It is not about the money. In fact USCIS generally will not even ask about this. It is about when the visa runs out. If you are interested in living in USA permanently, then this is a different discussion. If so, let me know, and we will go from there. 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.
Yes we are more interested in living there on a permanent basis.
Expert:  Ely replied 1 year ago.
Great. Please tell me the following: 1) Your educational level and field of expertise?2) Amount of money available to begin a business, if possible?3) Any immediate family in USA?
Customer: replied 1 year ago.
We will both be retired and will have a lump sum and pension. My grandson has an american passport.
Expert:  Ely replied 1 year ago.
Thank you. So you are not interested in employment or starting a business as a means to gain permanent residency in USA?
Customer: replied 1 year ago.
No. We only wish to live there as we love it and have spent many years there whilst working.
Expert:  Ely replied 1 year ago.
Thank you. I am afraid you are not going to like my answer then. Permanent residency can generally only be based on the following: 1) Visa lottery (low chance)2) Education (mostly non-immigrant but hold strong possibilities for receiving a greencard based off job offer post-graduation in specific fields)3) Employment (if you wanted to work)4) Marriage (if you were not already married)5) Asylum (not possible fro UK) As such, I am afraid that you have little option to get permanent residency. Your grandson may have US citizenship, but he is not "close" enough to you familial-wise to sponsor you. I am sorry. 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.
We were only hoping to avoid having to return every 30 days, as this would mean we have a home empty both places for 6 months of the year.
Customer: replied 1 year ago.
Sorry, 90 days.
Expert:  Ely replied 1 year ago.
I see.
Expert:  Ely replied 1 year ago.
Allow me to explain, then.
Expert:  Ely replied 1 year ago.
On a tourist visa such as a B2 or VWP, someone in your situation has to go back once the visa runs out. They have to stay in the home country more than they do in USA (in theory). It becomes subjective. CBP/ICE agents may disallow entry if they feel that you have been "abusing" the tourist visa and leaving only for a bit but then coming back to USA frequently, i.e. "living" in USA unoffocially on a tourist visa, in effect. If they believe this, they can limit the visit, demand that you stay out the next time for ___ months, or, simply deny entry. This would be a rough matter since you'd be essentially at their mercy every time you reenter USA, which makes it impractical to "live" in USA on a tourist visa. 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.
Does the answer actually mean that any chance of being self supportive and staying in the US long term is "NO". Is a tourist visa the only one we can apply for, other than the ones you quoted for working etc.?
Expert:  Ely replied 1 year ago.
Correct. It is impractical to "live" in USA on a tourist visa. This is not allowed, and if the authorities figure out that this is what you are doing, they may void the visa. The money aspect on this is not the issue. It is having the proper visa. A tourist visa does not allow permanent residence (or aim thereof), called "dual intent." So dual intent is not allowed on a tourist visa. You do have options for employment, or starting a business, however. 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.
My husband has an E2 visa valid for another year, I take it this would that make it possible to return and work whilst setting up a business. Also, we have lived and worked there for a total of 7years, Does this count for anything?
Expert:  Ely replied 1 year ago.
If he has an E2 visa, this may be a way to stay while the business is ongoing. From USCIS's website: Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay may be granted in increments of up to two years each. There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.An E-2 nonimmigrant who travels abroad may generally be granted an automatic two-year period of readmission when returning to the United States. It is generally not necessary to file a new Form I-129 with USCIS in this situation. The fact that you have been/worked in USA for a total of 7 years does not allow any other special privilege. Sorry. 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.
Ely, Lawyer
Category: US Law
Satisfied Customers: 101312
Experience: Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and other US Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your help. Sorry if I have repeated myself at all.it takes a while for the info to sink in. I will discuss this with my husband and if need be get back to you. I will sign off now and fill in your rating. I think you can expect it to be acceptable.
Expert:  Ely replied 1 year ago.
No worries at all. Feel free to get back to me with any follow ups as needed.

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