immigration

[junction29]

Has anyone had any experience of traveling to and from the UK to VT, on a B2 Visa, when several visits extent to more than 6 months in a year , we are thinking of buying in VT and don't wont to have any problems at the airport with immigration :wave:

[gjbl8114]

Has anyone had any experience of traveling to and from the UK to VT, on a B2 Visa, when several visits extent to more than 6 months in a year , we are thinking of buying in VT and don't wont to have any problems at the airport with immigration :wave:

This is an interesting question, and here's my response. My husband has a B2 Visa, he's British, I'm American. We travel to and from the UK to TV's twice a year staying a total of eight months in total. Now, here's the uncertain part. We've been doing this for 7 years and have yet to have a problem. I have been told different things by different on-duty immigration officers. None have actually answered the question of "yes or no." about the 6month deal. They'll only say that their year starts in October. Our schedule has generally been Aug/Sept thru January, back to the UK then one month later, back to TV's. Then again from Feb/late May or early June. Still, never had a problem.

What I can tell you is that I think it all depends upon the immigration officer on duty that day. Has he had a good day? A bad day? Or, is he going to be difficult on the day of your arrival. Risky business isn't it? I don't think there is any place you will find a concrete answer in writing, it is intentionally vague. Most people interpret the B2 Visa as a 6month Visa only good for 6 out of twelve months a year. But then again, when does the year begin? It's not our normal Jan/Dec calendar year.

Having said all of this, perhaps the reason my husband doesn't present with an issue at immigration is because he's married to an American, but then again, that has no bearing on it because he does not have nor does he want a green card.... Hope this helps, but I'm afraid it doesn't.

The next time you come through immigration, try getting a yes or no to the question, you'll see what I mean.... Good luck!!!! And, by the way, don't try to be funny with immigration officers or joke around, it's not a good idea. They hold all the power!!!!

[kittygilchrist]

that was an old post you replied to. junction29 is currently in UK but became a Villager early in 2013.

[Wing-nut2]

This may be an old post, but it may apply to many here in TV.

My wife and i retired from CBP. CBP is now INS & Customs combined. The very limit on a B2 visa is 180 days. Then you have to make a "meaningful departure". That means you can't go to Canada for a week and then return that doesn't work. If you stay longer than 180 days, or have stayed longer than 180 days, you are considered an "overstay" and may be deported after the 180 days or refused entry on your next visit if you don't get caught at the A/P. This applies to all our Canadian friends also.

gjbl8114, your on borrowed time. Get you husband a "green card" Then you can go back and forth with no problem. CBP computers and getting better and better. They are now doing departure control. Sooner or later it will catch up to you. You will be considered a immigrant without an immigrant visa and your visa cancelled on the spot. As for your question "when does the year start, if you enter in November 1 the you get 180 days. You would leave 180 days after entry. (About 1 May. Some Months have 30 days some 31 and Feb 29 or 29. You must count the 180 days ) So after departure you cannot re-enter until 1 November. That's your year. The year starts the day you enter.

My daughter is an Enforcement Officer with CBP in Orlando. If any of you overstays would like to meet her, send me your address.

[Arctic Fox]

My daughter is an Enforcement Officer with CBP in Orlando. If any of you overstays would like to meet her, send me your address.

It would be great if your daughter could come to TV and hold a Q&A session - even if "unofficial" - preferably in Feb/Mar when most non-US are here.

I have a B2 visa which is stamped for six months each time I arrive here, but I do have at least a month "abroad" between each visit so meet the "meaningful departure" requirement.

However, in addition to immigration rules one must be mindful of the IRS. I have asked several people - tax lawyers, consular staff etc. - and they all say "120 days" is the maximum I should be in the USA each year, on a rolling basis.

The IRS counts current year days in full, last year at one third and the year before that at one sixth. So if I am here for 120 days each year they count it as 120+40+20=180.

[Wing-nut2]

I'll ask her. It would be unoffical and she could not be in uniform.

Who would I talk to in TV to get a place?

Federal Tax is something CBP does NOT deal with.

[Arctic Fox]

I'll ask her. It would be unoffical and she could not be in uniform. Who would I talk to in TV to get a place?


Thanks, Jim

I should keep it low-key, and just arrange to meet outside at one of the smaller rec centers - several have covered benches and tables - just a bunch of friends meeting for a chat

[CFrance]

Thanks, Jim

I should keep it low-key, and just arrange to meet outside at one of the smaller rec centers - several have covered benches and tables - just a bunch of friends meeting for a chat

Good idea. Plus, if you meet inside and you're not a club, I believe you mus pay a fee.

I'm curious as to why the one poster's husband doesn't want a green card.

[senior citizen]

Has anyone had any experience of traveling to and from the UK to VT, on a B2 Visa, when several visits extent to more than 6 months in a year , we are thinking of buying in VT and don't wont to have any problems at the airport with immigration :wave:

You plan on traveling to Vermont? Via Burlington International Airport?
Not that you need it, but there are a lot of English as a Second Language opportunities up there and there are NEW immigrants from all over the world, especially near and around Colchester where Saint Michael's College is located. The University of Vermont is in Burlington and ditto, has many foreign exchange students. I don't think immigration is a problem.

Of course, they just granted citizenship to a Bosnian war criminal and then repented at leisure by arresting him..........

Vermont has changed from a very conservative state to an ultra liberal state in the past 43 years.......

http://www.burlingtonfreepress.com/article/20130726/NEWS02/307260030/Bosnian-Vermont-accused-lying-about-war-crimes

An immigrant living in Burlington is facing federal charges for lying to immigration authorities by denying involvement in war crimes during the conflict in Bosnia two decades ago, U.S. District Court records show.
Edin Sakoc, 54, committed war crimes against a civilian Bosnian Serb family 21 years ago, according to the two-count indictment unsealed Friday.

Sakoc, a Bosnian Muslim, is accused of raping a Serb woman in July 1992, aiding in killing two elderly relatives she was caring for and burning down the house they were staying in, court records show. The U.S. Justice Department later announced the elderly relatives were the raped woman’s mother and aunt.

Sakoc, speaking through an interpreter, pleaded not guilty to the indictment in federal court in Burlington late Friday afternoon. Deputy U.S. Marshals jailed Sakoc pending another hearing on Monday in federal court.
During Friday’s 15-minute hearing, defense lawyer Robert Behrens said Sakoc has been in Vermont since 2001 and urged his release pending trial. Sakoc lives with his wife and a six-year-old daughter on Riverside Avenue in Burlington, Behrens said.

Assistant U.S. Attorney Eugenia A. Cowles told the judge the federal government was not seeking pre-trial detention. She did not say why.
A pre-trial services officer with the U.S. Probation Office said she did not have enough time to verify much of the personal information Sakoc had provided her. She said she was concerned he might be a flight risk.
Chief Federal Judge Christina Reiss said she was concerned about releasing Sakoc without any documentation by pre-trial services. Reiss said her concerns were increased when told Sakoc has a passport, owns property in Bosnia and he travels there frequently.

After a phone call, Sakoc’s wife arrived at the courthouse with his U.S. passport, but when the court hearing resumed, Reiss learned he also had a Bosnian passport. The judge said that passport and any other documents that would allow him to leave the United States had to be surrendered before Sakoc could be released. His wife rode a bicycle home, but failed to return before 5 p.m. when court closed for the day.
(Page 2 of 2)


Behrens requested 90 days to review the government’s file and file appropriate motions. Reiss agreed noting several witnesses are in Bosnia and there was much discovery to be made by the defense.
A U.S. Justice Department spokesman said he could not say how authorities learned of Sakoc.

The charges in the indictment carry a maximum sentence of 10 years in prison as well as automatic revocation of his U.S. citizenship and a fine of up to $250,000, according to a news release from U.S. Immigration and Customs Enforcement (ICE).

The indictment, which was returned by a federal grand jury Thursday, was sealed until federal agents arrested Sakoc at his home about 8 a.m. Friday with assistance from Burlington Police.
The alleged war crime

The indictment and court papers tell the following story:
The three victims, after their home was destroyed by military fire, moved to the home of a nearby Bosnian Croat family in July 1992.
Sakoc and an unnamed co-conspirator removed one of the victims from the home against her will. Sakoc then assaulted and raped her before taking her to the Dretelji prison camp.

Later that night or early the next morning Sakoc and the co-conspirator returned to the home for the other two victims. Once inside the co-conspirator, “aided and abetted by Edwin Sakoc, shot and killed Victim-2 and victim-3,” the indictment said.

The records go on to report: Sakoc and the co-conspirator then burned down the home and moved the bodies outdoors where they were burned as well.

Authorities say Sakoc lied when he applied for refugee status in March 2001 and then for permanent residence in the United States by denying any past crimes. He was allowed to enter the United States that month.
He became a permanent legal resident about March 2004 after filing more paperwork, where he again denied any past crimes.

Sakoc applied in the district of Vermont to become a naturalized citizen of the United States in February 2007. He was required to file various forms and swear to their accuracy.

Among the papers was a federal form on which Sakoc was asked “questions related to past crimes he may have committed and whether he persecuted anyone. Sakoc denied committing any crimes or persecuting anyone,” the indictment said.

A U.S. Immigration Officer placed Sakoc under oath in June 2007 and questioned him about information on his application. “Sakoc denied committing any crimes,” the indictment said.
Sakoc became a naturalized citizen of the United States in September 2007.

The indictment charges Sakoc knowingly procured his own naturalization by providing false and fraudulent information and applying for naturalization when he was not entitled to receive it.

Contact Mike Donoghue

[junction29]

Dear all who have replied.
Thank you very much. :BigApplause:
Since we posted this thread, as Kitty says we have now bought a home in TV but have returned home to the UK for the summer.
Our plan is to do 6 months in the USA and 6 months in the UK so we cannot see it being a problem. :police:

[bill50]

This may be an old post, but it may apply to many here in TV.

My wife and i retired from CBP. CBP is now INS & Customs combined. The very limit on a B2 visa is 180 days. Then you have to make a "meaningful departure". That means you can't go to Canada for a week and then return that doesn't work. If you stay longer than 180 days, or have stayed longer than 180 days, you are considered an "overstay" and may be deported after the 180 days or refused entry on your next visit if you don't get caught at the A/P. This applies to all our Canadian friends also.

gjbl8114, your on borrowed time. Get you husband a "green card" Then you can go back and forth with no problem. CBP computers and getting better and better. They are now doing departure control. Sooner or later it will catch up to you. You will be considered a immigrant without an immigrant visa and your visa cancelled on the spot. As for your question "when does the year start, if you enter in November 1 the you get 180 days. You would leave 180 days after entry. (About 1 May. Some Months have 30 days some 31 and Feb 29 or 29. You must count the 180 days ) So after departure you cannot re-enter until 1 November. That's your year. The year starts the day you enter.

My daughter is an Enforcement Officer with CBP in Orlando. If any of you overstays would like to meet her, send me your address.

Wing-nut2, I think the "meaningful departure" is what most visitors do not understand. What is the length of time required to stop or reset the clock on 180 days for a B-2 Visa. In your example of a visitor entered the USA on November 1 and if they departed December 1 and then returned December 31, is that 30 days deducted from the 180 B-2 Visa and the visitor could stay until about June 1 or does the 180 days reset and a new B-2 Visa start from December 31.

Thanks in advance for your input. This is a very stressful issue for visitors, especially one who own homes in The Villages and want to maximize the time we are legally allowed to visit the USA with a B-2 Visa. No one wants to have their Visa cancelled because they do not understand the rules.

[Wing-nut2]

The 30 days is deducted.

[bill50]

The 30 days is deducted.

Is 30 days the minimum to meet the "meaningful departure" requirement?

[BritParrothead]

We were told by immigration in Orlando, that we are allowed to stay up to 180 days in a 12 month period. If we overstay, we could be barred from coming back to USA for 10 years, and would have to have an interview at US Embassy in London.
We think 6 months is a good deal for us, we still would have access to health care, if needed, back in UK.
Once upon a time, it was our dream and our wish to move to Florida, but now it is just too difficult, too many hoops etc....:cry:

[bill50]

BritParrothead, The 180 days in a twelve month period for a B-2 visa is clear, but the problem most visitors have is determining how the 180 days are calculated. As Wing-nut2 stated a 7 day departure is not deducted from the 180 days but 30 days is. What I do not understand is the minimum number of days that constitute a "meaningful departure". Is 30 days the minimum number of days that will be deducted from the 180 day stay?