Visa advice

As always, here are a few of our customers’ questions, answered by our counselors. All of our counselors possess many years of experience with the American immigration law and have profound knowledge of visa regulations, kept up-to-date by constant further and advanced training.

Please note that the following answers, even if they seem to apply to your individual situation, do not necessarily have to be the correct answer for you.

Since each situation is different, no responsibility is taken for the correctness of this information. To get information and advice for your own individual situation, please only rely on personal counsel and assistance from our experts.

The American Dream GmbH is accredited as an emigration counseling center for the for travel to the US according to German “Auswandererschutzgesetz” (emigrant protection law) and is a member of the American Chamber of Commerce.

Please let us know how we can help you. If you need counseling or an appointment, please contact us and we will assist you flexibly and as soon as possible. Any questions concerning our services and prices can be asked online anytime.

YOUR QUESTION: Dear Sir or Madam, my wife and I won green cards eleven years ago. Now we have one question: We are visiting Germany right now and will be flying back to the states in April. Do we have to register with the ESTA program to be admitted back into the US or is it not necessary since we are entering the country as immigrants? Up to now it was always enough to have the customs declaration.

OUR ANSWER: No, you don’t have to register. The program is only for those who want to use visa-free travel to the US. Visa or green card holders do not need another separate entry permit before being admitted into the country. Sometimes, especially for green card holders, a registration can do more harm than good since it could be assumed that you no longer intent to be an immigrant in the US. This is especially dangerous for people who haven’t had their green card for a very long time and still try to use visa-free entry. In that case you could be regarded as a tourist who doesn’t yet want to live in the US.

YOUR QUESTION: My father has been a US citizen for about ten years. I have been staying with my father in the US for about one year now. We have already filled out a green card application. Due to the bad financial situation in the US, my father has some financial problems as well. Since my father has to prove that he can sponsor me for up to ten years, I would like to know whether this situation could adversely affect the US Citizenship and Immigration Services’ decision regarding my application.

OUR ANSWER: In principle your father’s financial situation does not have to be a reason for objection. First, your father should fill out sponsorship form I-864 (which does not have to be notarized anymore), even if he has a zero income. After that you have two options: a so-called co-sponsor, that is a person living in the same household whose entire income is part of the total household income. The co-sponsor has to fill out form I-864 A. However, if your father cannot pay, the obligation to pay will be completely on that other person. And/or you find a so-called joint sponsor. This can also be a person outside your household. This person will submit the same form as your father, I-864. This person also will be obligated to pay if your father can’t. The obligation to pay will only be lifted when you come of age and have become a citizen of the country.

YOUR QUESTION: In June, I will fly to the Caribbean via New York, where I will stay over night. For this trip, I registered under ESTA. The flight back will again be via NY and that time I’m going to stay for one week – do I have to register again for that?

OUR ANSWER: No. The ESTA travel permit allows you to enter and leave regardless of the port of entry or the travel route for the duration of its validity and as long as there are no reservations about your entry, i.e. you are admissible. Please note that the ESTA travel permit is NOT an entry permit independent of this program. The permit merely says that according to your personal data there are no objections against you traveling visa-free. So even with ESTA registration, the border officials can deny or limit your entry at any time.

YOUR QUESTION: In May 2007 my partner has been sent to the US by his company for three years and has the L-1 visa. We have 90 percent of our furniture here and our house in Germany is empty for as long as we’re here. I have a B1/B2 visa and have been in the US for all of 2007. We have only been in Germany for ten days in August, for Christmas and three weeks in January. Last week we went back to the US and the woman at immigrations pointed out to us that I could have some difficulties next time, or that they would send me back. I got a stamp for six months. But we would like to visit Germany again sometime in May/June and for 2 weeks in November. Of course I know that I can only stay 180 days with my visa and in 2007 I didn’t have any problems with being admitted back into the country. Is there a way I can accompany my partner for the three years without having to get married? Is there a visa for partners (cohabitation partners) or can I have my visa changed? Can I apply for an extension even if we are occasionally flying back to Germany? What happens if I ever get sent back?

OUR ANSWER: It would be advisable for you to re-apply for your visa, and this time apply for the B-2 subcategory “cohabitating partner” you have already mentioned.  The border official probably wasn’t convinced that you’re really the L-1 visa holder’s partner. This can be made easier by a “cohabitating partner” note or the like in your visa (on the basis of adequate documentation of cohabitation in your home country). In addition to that we would advise you to bring documented proof of your shared apartment, bank accounts etc. for the officials at the border the next time you want to enter the country.

YOUR QUESTION: I (German) have been working in the US for four years now and I have the L-1 visa that is currently being extended by my company. My boyfriend (American) and I want to get married. What are the consequences for my L-1 visa? To what do I have to pay special attention? Do I have to fill out any application forms? Will this make me eligible for a green card or citizenship? I searched the internet for some information, but I didn’t really find anything.

OUR ANSWER: You can get married in the US and afterwards your American husband can file an immigration petition for you (I-130 petition for alien relative). This application will not immediately allow you to stay in the US indefinitely, you can stay as long as your L-1 status (not the visa) is valid. The green card process allows you (or your husband) to later or at the same time apply for an Adjustment of Status, this will be valid together with the L-1. You don’t need an advance parole to leave and re-enter the country anymore, the L-1 visa is sufficient. In the US, the process can take between 18 and 24 months, so your L-1 visa should be valid the entire time. If you can’t extend it and the Adjustment of Status not yet approved, you can still stay in the US under the Adjustment of Status. But then you would have to apply for an advance parole for leaving and re-entering the country. This way you will obtain a green card, but not US citizenship. Naturalization is possible after you have been a green card holder for three years, provided you have been physically present in the US for at least 1.5 years. Naturalization can lead to the loss of your German nationality.