About Visa Waiver and B1/B2 Visa

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ivalero
ivalero

Hello,

I'm a Spanish citizen currently staying as a tourist in Dominican Republic. Before I get into my question, let me list my recent moves, as they are relevant to the case:

  • Lived in California for 5 years on a Student Visa.
  • Visa ended so went to Spain for 3 months.
  • Flew back to the US on the Visa Waiver Program for 3 months.
  • VWP ended so been in the Dominican Republic for 3 months.

Now, during my student stay in the US I made a film, which I am now finishing. I need to get back to California so I can complete work on the film, submit to festivals, have meetings, etc. Also want to see my friends and spend time there with my filmmaking peers. I guess I can go back on the VWP again, but I would like to get 6 months to have time to complete all these things. I will not be working, I have money saved up.

That said, I'm thinking of applying for the B1 or B2 6-month Visa here, at the US Embassy in the Dominican Republic, but I am afraid this may be useless... Here are my concerns:

  • B1 or B2? Should I explain my situation with the film to justify the need for 6 months or would it make them suspicious that I would want to stay in the US indefinitely? Maybe I should omit the B1 (business) and go for the B2 (tourist); telling them that I want to travel along the West Coast, which I didn't get a chance to while I was studying and didn't have money.

  • I assume the fact that I am a Spanish citizen applying in the Dominican Republic will raise some flags. Specially since I haven't been to Spain in between my trips US-DR-US. Am I correct?

  • If I decide to pass on the B1/B2, will I have trouble with a new Visa Waiver trip? I have been out of the US for 3 months, and I never overstayed my trip, but Dominican Republic is considered adjacent territory and doesn't reset the 90-days within the VWP; so they may suspect I just went to an adjacent territory for a couple of months of ''vacation'' and now want to return to the US to continue ''living'' there.

I know this is a rather complex question, so thanks a lot in advance for taking the time to read and hopefully respond. Any ideas will be very helpful.

Cheers!

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longislandbob
longislandbob

This website gives a brief description of America's many types of temporary working visas.
http://travel.state.gov/content/visas/english/employment/temporary.html

The H-2B: Temporary Non-agricultural Worker is probably the easiest one to get but to get it you must first receive a job offer from a US employer, typically in a tourist-related industry.

The P-3 is the one most appropriate for you, but the H-2B is quite common. (Note you actually have to work for the employer and finish your film on your own time.)

You can find a greatly detailed description of the H-2B here:
http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/h-2b-temporary-non-agricultural-workers

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ivalero
ivalero

Hello longislandbob,

Thank you for taking the time to reply but, unfortunately, your answer is not relevant to my case. You talk about work visas that have nothing to do with my situation and what I'm trying to accomplish.

Thanks anyway! Hopefully somebody else can help me out. :)

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longislandbob
longislandbob

A P-3 visa is specifically designed for people in your situation.

The H-2B can also be used legally if you get a job being employed by someone else who has a need for temporary workers. That would allow you to finish your film on your own time.

The H-1 visa is not legal for your needs whatsoever unless you have an advanced degree and meet other conditions.

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bzookaj
bzookaj

By rule, you have overstayed the VWP. Whether you will be denied upon entry is up to the officer you receive, but the visa is a good path to take.

The B1 visa is for business, such add attending conferences or negotiations. The question is whether your film falls under "media," which is another via altogether. You should talk to an attorney.

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ivalero
ivalero
In response to #3

I think maybe my original post was confusing with all that information re. my situation, and that's why you are insisting on these Visas.

The P-3 Visa is for performers/teachers that are part of a cultural program or endeavor (Not my case) and it also requires that I have a US employer or sponsor (Not my case either). I'm the producer and owner of my film, therefore I am not a performer/teacher, nor is there an employer in US for me. As I mentioned, I have no intention to work while in the US.

Again, not trying to start an argument. Just thanking you for your time and hoping that someone can answer addressing the types I mentioned; VWP and B1/B2 Visas.

Thanks!

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ivalero
ivalero
In response to #4

Hey bzookaj,

Do you think I have overstayed my VWP just because I am in the Caribbean? How can this be? I left the US before the 90 days.

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nutraxfornerves
nutraxfornerves

Your situation is complicated and may require the services of an immigration attorney. A lot will depend on exactly what "complete work on the film, submit to festivals, have meetings, etc." means. Anything involving film making starts to get involved as there are a whole lot of specific visa issues for filming.

A lot is going to depend on exactly what is involved with finishing the film and what is involved with trying to sell it or market it to festivals. Whether or not you get any money form a US source will be an issue.

Many people get a combination B1/2 visa which solves the problem of which one to apply for.

You can do anything under the VWP that you can do with a B1 or B2 visa. BUSINESS TRAVEL TO THE UNITED STATES covers which activities are permissible under a B1 visa.

There are some very specific requirements for people who are involved in film making, including post-production. You may need an I, O, P or H visa.

Since your case is unusual, I'd strongly urge you to pay the money to consult with an immigration attorney, or even an immigration attorney specializing in the film industry.

Nutrax
The plural of anecdote is not data.
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