I had a couple of individuals who had questions that they posted in the Facebook group so those will be
my first questions here today. I also had another update or a rumor that I wanted
to clarify so all of you understand about the Department of Homeland Security announcement for a
waiver of consular interviews. I think there's a lot of confusion on that but without further
ado, let's go ahead and I will dive into the questions that were posted in the Facebook group.
If you are joining us here live and you have questions, please feel free to put them in the chat
and when I go through these topics here then I will answer your questions as well.
I had someone this week actually ask about whether or not you're able to
travel to the United States if you have ESTA or a tourist visa and if you're able to travel to the
United States while your application is pending. I know that this individual they mentioned
that they are going through the fiancé visa process and that wait times are very long right
now for the petition. Currently, as of January 7th of 2021, it's over seven months wait.
A lot of people have been asking, and this is a very popular question and I have other videos
on this as well, am I allowed to enter the United States and visit my fiancé or if
you're filing a spouse visa petition, am I able to enter the United States and visit my spouse
while the application is pending? Am I able to do that if I have ESTA or a tourist visa?
The answer is yes, you are able to travel to the United States and visit
your significant other while your application is pending. The reality of traveling to the
united states on ESTA or a tourist visa is that your entry to the United States is what they call
discretionary. That essentially means that the officer who you come into contact
with at your of your port of entry when you're entering the United States, they have discretion to
decide whether or not they believe if you really are just coming to visit for a short
amount of time because with ESTA and a tourist visa, you are meant to come and visit for a short amount
of time, not to stay here indefinitely while you're waiting for the petition but you can come
and visit. The other part of this individual's question was, "If I am allowed to come and visit,
what can I do to help that officer understand that I am just coming here to visit and help
them with their discretionary decision?" If you're a person who has ESTA or a tourist visa
and even before filing your petition for your fiancé visa or spouse visa, if you had traveled
to the United States before and have a history of coming to the United States for short visits
and being in compliance with immigration laws and leaving on time, that's something
that's very helpful for your record. That's something that they would take into consideration.
With regards to other tips on traveling to the United States and how to be proactive and
be prepared, it's just a matter of making sure you are prepared to answer the officer's
questions when you're entering the United States to be honest. It's always good that if they're
asking you a question, that you just answer that question. I know a lot of times you might feel
nervous or compelled to tell a whole story and give them tons of information but
that's actually not necessary. Of course, it's necessary to be honest but just
answering the question in brief and just very matter of fact letting the officer know,
"I'm coming to the United States, I know that I need to leave. I have a round-trip ticket
and I'm just coming here to visit." That you have no intention of overstaying if
they're asking you about your intent or why you're coming. A lot of people have asked,
"What kind of evidence should I bring or what other things can I do to
be proactive?" If you have a job in your country where
you're currently living, it's nice to have proof of that if your employer can
provide you with a letter. Sometimes they might be giving you time off for that trip and so,
having an employer write a letter saying how long you've been employed there and that you've
been given time off and that you're expected to return to work on a certain date
and any other proof of your ties to your country of origin can be helpful.
It's not something that you should carry and as soon as you walk in, hand them all of
the evidence and give them all of that right away. It's more of have
it handy in case they have additional questions but it can be a red flag if you're over
prepared and giving them evidence and this whole long narrative about your intent to
come and visit. It can just be a matter of telling the truth, letting them know
you're coming here to visit only. You should have your round-trip ticket showing that you plan to
leave on a certain date and then having some evidence as backup can be helpful as well.
We work with our clients when they do make trips to the United States
and sometimes provide them with letters and things like that. It is good to be proactive but
the short answer is yes, you can legally travel. Your entries are discretionary so they
can decide to not let you in but legally, you can travel while your application is pending.
Hopefully, that helps give clarity to the person that asked that question and
hopefully, that is of help for all of you who are going through the immigration process.