Visa Waiver-be careful

[Susie]

Hi

I was surprise to lean that on a visa wavier the IO at the port of entry will deny entry to the usa if you have been in the USA for 6 month's (2 stays of 90 days each) and then try to enter again on the visa wavier

Here are a couple of replies to a posting I made on another forum


POST


Quote:
Originally Posted by CBP Officer
There is no specific time. What we look for is how long you've been spending here and how long you've been spending in your home country.

If you spend 6 months or more, in any 12 month period, in the US on the VWP, we will refuse your entry and require you to obtain a B1/B2 visa.

The key is to spend more time in your home country then in the US.


Hi

I am not an IA but do read up a lot on immigration and I cannot find anywhere to confirm what you are saying

As I understand it a visa waiver is just that, eg you do not need a visa to enter the USA.

You may well have to explain the reason for your visits, return airline ticket and proof of home ties

I thought that it is up to the individual officer at the POE to allow entry. If they suspect anything you would be taken for secondary questioning

Could you please post where this information is written

REPLY



Originally Posted by susan
Hi

I am not an IA but do read up a lot on immigration and I cannot find anywhere to confirm what you are saying

As I understand it a visa waiver is just that, eg you do not need a visa to enter the USA.

You may well have to explain the reason for your visits, return airline ticket and proof of home ties

I thought that it is up to the individual officer at the POE to allow entry. If they suspect anything you would be taken for secondary questioning

Could you please post where this information is written


Regards Sue

www.expatsvoice.org


It's in the Inspectors Field Manual which is not available to the public.

[floridapete]

And there lies the problem ............it is not written down anywhere that the public can get to read.........so the discussion and misunderstanding of Visa Waiver rules continues from year to year.

Fact is that any 'reasonable' use of the Visa Waiver program is limited to 'visits for pleasure' of 'up to 90 days per trip'. If some people try to stretch this to successive trips of up to 90 days making an aggregate of more than 180 days in any year - then they are simply taking liberties with this 'no visa need' facility. In which case they need to get a B2 visa for 'up to 180 days in any 356 days in any one 'visit for pleasure' (not to work or run a business).

The IO is simply taking a snapshot look at your visiting history as portrayed by the computer record as you present yourself at the desk. If he/she thinks that you are 'trying it on' by misusing the Visa Waiver program to stay more time within the USA than outside the USA in any given period - then they have every right to refuse you entry.

Visa Waiver was set up as an easier way to administer and attract the tourist market to the USA from a finite group of qualifying countries. Nothing else !

It should NOT be seen as an easy way to enter the US for any other purposes ! Though I have known of people putting their kids into Florida schools on the basis of a visa waiver entry !!!

[Bobby]

You are so right with your post saying "there lies the problem"

Of course it's a problem if it's already written in black and white, but only the IO knows that these are the rules.

That's what is so frustrating about the system. So much "cloak and dagger".

If this fact about 6 months re-entry refusal is as quoted, "in the Inspector's Field Manual" then why not make it public knowledge?

But then if everything was in black and white, they wouldn't feel so powerful at the port of entry.

Having these grey areas (and arguable scenario outcomes) suits the system as it can be manipulated whenever it's convenient, without recourse.

[JulieC]

I have to say I know a few people who are living here while waiting for issue of E2 visas, who have come and gone three or four times on visa waivers with gaps of one or two weeks in between and dont seem to have had a problem getting in until the fourth one, then it starts to become an issue and they get interviewed though not denied. I am not sure whether the issue of the E2 visa being in is relevant though.

[Susie]

Hi Julie

The trouble is the decision to allow entry, soley rests with the immigration office at the port of entry.

Lets say, he/she had a blazing argument with the wife the night before, hmmm, can guess what frame of mind they will be in

Apparently, there is no right to enter the USA. (even if you have a valid visa) The IO can deny entry and not have to give a reason why.

You are not allowed a lawyer, (unless asylum seeker) and no right of appeal. Once denied entry you will always have to have a visa to re-enter the USA forever more

[punky]

There is some argument whether this 6 month rule exists anymore.

The 6 month used to be a hard and fast rule, but a couple of years ago they removed it from all embassy sites, saying explicitly there is no limit to the number times you can enter, nor amount of time you have to be resident in your home country. It was down to the officer's discretion. However, this was recently removed from the the US embassy's site in the UK, but its still on other embassy websites. (http://www.usembassy.dk/Visas/FAQ/)
Is there a limit to the number of times I may travel to the United States visa free in any given period of time?

There is no limit to the number of times you may travel visa free under the Visa Waiver Program in any given period. There is also no minimum period of time you are required to remain outside the U.S. before reapplying for admission. However, if you are a frequent traveler to the United States you should be sure to carry with you for presentation to U.S. immigration evidence of your residence abroad to which you intend returning at the end of your visit together with evidence of funds sufficient for your support while in the United States. If the immigration inspector is not convinced that you are a bona fide visitor for business or tourism, you can be denied entry.

Seems like they can't make up their mind. As far as I know, its still not a hard and fast rule, and its down to their discretion, but I have noticed they are getting very strict about it trips and durations lately.

[Susie]

Hi

I have found since living in the USA that quite often the left hand does not know what the right hand does or is doing

Rules and regulations (for example, licensing requirements on short term rental homes) are changed but property managers and owners are not informed prior to changes.

Alan, Fl Pete or others may be able to give better examples

My guess is changes to do with entry requirements are as a result of 911. I just wished the immigration officals would concentrate on the terrorists that are already in the US

[JulieC]

I think they are more concerned about what you are doing here than the amount of time spent on visa waiver. On another forum there is a guy who is retired who extolls the virtue of coming and going on VW instead of applying for B2 as he reckons he can get more than the 6 months allowed on B2 that way. It comes down to the POE officers opinion. if he thinks you are entering as a bona fide tourist, he will admit you, but one suspiciion that you are working, looking for a job, looking for a husband/wife or otherwise taking up permanent residence and he wont. Age is important. If you are retired they take less interest in you than younger people who need to earn a living, especially those entering with kids who they know are going to need schooling.

[Grumpy]

Hi

I have heard from a poe inspector that they have a little manual under their desks which clearly states if the person tries to enter the USA and has already been in the US for 6 month within the past 12 months then they must deny them entry.

Not sure if this is true, has anyone heard of something like this?

It seems you can come to the US with a return ticket as a tourist for 2/3 weeks but it only takes a day to blow up the the whitehouse, Disney or anywhere else.

[JulieC]

Whether they have a little manual under their desks I know not but that is not what it says on the website or what actually happens. It is at the discretion of the POE officer each time whether to admit on visa waiver and he does that not on time spent but on whether in his opinon the person is a bona fide visitor for the purposes of tourism or has some other reason for being adnitted that requires a visa. I personally know of a couple of cases of people waiting for E2s to be approved coming and going with very small gaps in between and with the total adding up to a year, and they are still being admitted. no questioning either until the third or fourth time. But every time, you run a risk of non admittance.