Question about Brit Hubby travelling to America with me for Thanksgiving!

Hi everyone.  Hope all is well and having a good day.

I'm thinking of booking a trip home for Thanksgiving and wondering if my husband can go with me.  We have not started the visa process for him as we are not plannign to move back to the USA for a couple years.  However, I'd like him to travel with me for the holiday but since he overstayed on the VWP last year, not sure if he can get it?  We were doing the visa process with a lawyer last April but that was when the circuits in the tri-state area put a freeze on all apps while reviewing the laws.  He entered on 12/18/2009 and per the lawyer who started the visa paperwork after we married in April stated that as long as my husband was gone before 180 days he was okay.  Once the freeze was not lifted, he left under the 180.  Complicated right?

Anyway, from being a member of this site, I have seen that if your brit spouse is living in America like above and leaves and stays out as twice as long as while he lived there, he would be let in, but I'm not sure if that still pertains?

Anyone have insight or had a similar situation?

Thanks everyone for your advice, warnings or sharing that may come my way.

I would recommend getting a visitor visa but then again I am not sure if you would qualify pending on the circumstances. It would be cheaper to do the correct channel and apply for visitor visa then to get to the states and have them say no with the complications attached I think that is the best option IMO.


http://travel.state.gov/visa/temp/types/types_1262.html#3
    * It is important that you depart the U.S. on or before the last day you are authorized to be in the U.S. on any given trip, based on the specified end date on your Arrival-Departure Record, Form I-94. Failure to depart the U.S. will cause you to be out-of-status.
    * Staying beyond the period of time authorized by the Department of Homeland Security (DHS) and being out-of-status in the United States is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travels to the U.S. Select Classes of Aliens Ineligible to Receive Visas to learn more.
    * Staying unlawfully in the United States beyond the date Customs and Border Protection (CBP) officials have authorized--even by one day--results in your visa being automatically voided, in accordance with INA 222(g). Under this provision of immigration law, if you overstay on your nonimmigrant authorized stay in the U.S., your visa will be automatically voided. In this situation, you are required to reapply for a new nonimmigrant visa, generally in your country of nationality.

I believe that, because he violated the terms of the Visa Waiver Program he is forever ineligible to use the VWP. They take the attitude that being allowed to enter the US visa free is a privilege, and once you violate the VWP terms you prove that you do not respect immigration law and no longer deserve such a privilege.

The good news is that, as he left before the 180 days was up, he does not have a 3 year ban. He needs to apply for a B-2 visitor visa, which is by no means guaranteed to be granted. To get the visa, among other things, he needs to be able to prove strong ties to the UK (you likely don't count as, being an American, you can just stay there if you chose).

If I were you I would go ask the same question at britishexpats.com, they know a lot about American visas over there.

Good luck!

PS: I'm not a lawyer or anything like it, just a bit of an immigration geek 

demiurgician, your advice is spot on.