Asked in Immigration Law for New York

Q: Will entering US on VWP affect my visa application?

I have a change of status approval to R-1 and left the US for my interview. I was recalled to the US, but can only enter using the VWP. Will entering on a 90-day VWP overrule my previous status? I had residence granted until the end of this year and am worried that I will now lose this. Will it affect my application?

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1 Lawyer Answer
Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: If you have R-1 nonimmigrant status, then you cannot enter on the visa waiver program. You must enter based on the reason for your travel to the US, and the visa waiver program is for tourism only. If you had a petition for R-1 status approved and you went to obtain an R-1 visa overseas, you must wait until you are granted that visa to return to the US.

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