Hello,

I'm writing this message for a friend, she lives in France and she got her visa refused 2 times. She was asking for a tourist visa (6 months).
She has a boyfriend in the USA, a US citizen. They throught about marriage of course but he is getting into a divorce, so for now he's still married.

My first question is, at the custom, will they send her back to France if she's coming to the US now? (I mean coming with the visa waiver program for 3 months) assuming that she got her visa refused.
Also, she has a portuguese passport, but she is also french and will get her french passport soon, so if she comes, would it be better to give the portuguese of french passport?

My second question is, what can she do about the visa? she thought about a working visa, but the process would maybe take too long, and what if she gets refused again...

If that can help for the answer and for a solution, I'm a guy, french citizen too and I'm currently in The US (NJ) under a F-1 visa for 3 years. I'm saying that because I thought about a F-2 visa for her, but it's only for family members. am I wrong?

Thank You in advance for your answers.

If your friend travels under the Visa Waiver Program, it is very likely that she will be denied admission at the airport and returned to France.

As for your second question and what she can do now, it all depends on why she was refused a visa. Presuming that the embassy assumed that she was either going to work in the US or that she would not return at the end of her trip, it can be very, very difficult to overcome such a presumption. Her best bet may be to apply for a work visa, such as an H-1B visa or an L-1 visa.

If she’d like to further discuss her case with me, she can contact my office directly to arrange for a consultation either over the phone or in person during my next trip to Paris in October.

Edward Weiner
Attorney at Law

E-mail: E.Weiner@immigration-aux-usa.com
Internet Site: http://www.immigration-aux-usa.com/