monocot

So I've messed up arriving in the US this week - I entered on the VWP (Aussie passport) but my return flight was 4 months later, because I did not know/think to check about the 90 day requirement. It was completely my mistake and I realise now I should have applied for a B2 for a stay of that length. I answered truthfully at the airport about joining my boyfriend (Canadian, on an OPT until Sep) for a few months, visiting friends in the US before starting an internship in June back in Europe (Geneva). The agent thought I looked like an overstayer (recently graduated, so no job; partner in the US) so she has given me a month instead of 3 months, and told me to stay away for 6-8 months before attempting to visit the US again.

I've talked to a lawyer about my options, and have been advised that I should leave a few days before my deadline, stay for 3-4 weeks in London (where I have an open work permit/visa to stay - it's the one year PhD extension) and enter again in March on the VWP so that it's less than 90 days until my original departing flight in June. I will prepare lots of supporting documents (foreign bank statements with sufficient funding, internship offer letter, family ties, UK graduation ceremony in September) to show my plans to be away from the US post-June. Problem is I've moved around a lot in the last decade for study and work so I don't have compelling proof of ties to a particular country e.g. lease, mortgage, paying job since I've just graduated from my PhD. I know this isn't ideal, but I can also show plans to move/emigrate to Canada after September because I have a working holiday visa and am converting my qualifications. I can obtain a lease in Canada if need be.

I've rarely been in the US in the past - 1 trip in 2013, 2 trips each in 2016 and 2017, 1 trip in 2018. They're all under 10 days.

I've been reading online and in the forums and am really worried about the possibility of being denied entry. A few questions:
1. Is applying for a B2 visa in London instead of the VWP a better choice? Doesn't seem so based on the forum!
2. What other proof should I prepare that can strengthen my case I'll leave the US? More plans of what I'm doing while there e.g. domestic air tickets to see friends? A detailed itinerary? Less emphasis on my boyfriend??
3. I read a rule of thumb is to stay away for as long as I've been here. I'm staying a bit less than a month this time so is it best to wait for 4 weeks before returning?

Any advice would be greatly appreciated!

SanDiegogirl

Do not apply for a B2 - you will not get it and then not be able to use VWP for a long time

Personally I would take the advice of the official and stay out of the US for a minimum of 6 months before returning. Without any ties to any other country you are a likely candidate to work illegally, hence your refusal for even a 3 month stay.

Noorah101

I agree, do not apply for a B-2 visa. Since you are VWP eligible, a B-2 is likely to be denied. Then you have to reapply for ESTA, declaring the visa denial, which then usually gets ESTA denied for 6 to 12 months.

How did the POE agent give you 1 month stay, did she make a note in your passport? Best rule of thumb is to spend more time outside the USA than inside.

Rene

monocot

She made a note of the new date on my passport. I fully intend to leave before then.

Would it help if my planned stay in the US is shorter? E.g. if I try to visit (for 2 weeks) after staying 1.5 months in the UK - or would that still look really suspicious?

I would ideally like to spend more time with my boyfriend but don't want to risk a deportation (?? as that would mean I need a visa in the future). Would flying from Dublin be easier then as I would just get denied in Dublin, instead of having to fly back from the US?

SanDiegogirl

Anything you do to get back into the US is likely to look suspicious, as you have been questioned and given a short stay when you previously tried to enter.

From the sounds of it you are intending to move to Canada in September; it is now only January - so potentially without any ties to anywhere, you could remain in the US (with boyfriend) until then !

Noorah101

Flying from Dublin would be easier for you if you end up unable to travel, since you won't have a long flight back to the UK.

I wouldn't think the intended length of stay would have any effect. It's more about proof that you don't intend to overstay and/ or work in the USA.

You will never really know the outcome untll you come face to face with a POE agent. With a note in your passport, they will be looking at you more carefully.

Rene

monocot

I have an internship confirmed from June to September in Europe (and will have offer letter/visa), plus I'll be leaving the US in February. My question is whether or not I can visit for shorter periods between Feb and June - trying to get more people's opinions.

Thanks a lot for you guys' comments

Noorah101

The best anyone can tell you is that you are allowed to try.

I'll let others weigh in now. lol

Rene

scrubbedexpat099

I did not think you could be admitted on the VWP for anything other than 90 days, were you paroled in?

monocot

Not sure... she stamped my passport and wrote 20 Feb on the stamp under WT. On the i94 website I'm listed as admitted for 90 days

scrubbedexpat099

Seems contradictory, the website makes sense.

neill

Whatever you do, don't leave departure until the very last day of your admitted until date. A delayed flight could push that into an overstay. If your long term plan is Canada, not being able to visit the US easily will be a pain.