Britgalinus

I think you will be fine and you shouldnt be too worried.

My sister in law was visiting her ill father and returned to Manchester. Two weeks later, she had to return as my father in law took a turn for the worse.

The immigration people did ask some questions about the short gap but they didnt really harass her too much (she was in a state and crying so it was obvious that she was telling the truth!)

I would advise that you take proof along such as a doctors letter explaining his ill health for additional proof though it may end up not being required.

As the others have said, it is up to the discretion of the officer at the POE but I have found them to be quite nice and reasonable most of the time.

Ray

Brave statement..considering the circumstances are totally different

Britgalinus

Ray, the question being asked is will he have a problem returning after a short period? My sister in law was not applying for a visa or residential status but according to the original poster, there is no problem with his visa application as long as he returns so the only question that remains is if he can return to the USA so soon after a previous visit. In my humble opinion, the answer is yes.

I can quote two other incidents where people have travelled several times in short periods and not being rejected at entry.

fatbrit

A swallow does not a summer make.

Neither yes nor no are possible answers to the question posed.

Britgalinus

I agree with you. In my original post, I stated that I felt it would be OK however the final decision is upto the POE. But if we are going to weigh sides based on personal experiences, I would lean towards the yes because American immigration officers have been reasonable about such cases.

I think the poster realizes that there is no definitive answer and is asking for advice based on peoples own experience or/and knowledge. There will never be a correct answer but an answer is better than no answer at all!

thompsonator

Thanks Britgalinus

I think what we are going to do now is......she is going to come over for a week in March (getting away will do her good) and then if needs be we will loo at me going over in April/May....at least we will have given ourselves a little bit more time between trips...

meauxna

hmm, not sure I agree with that!

thompsonator

lol i'll just be glad once we have that K1 visa

JCraigFong

I am in basic agreement with most of the comments made here -- with the possible exception of PFI in Ireland. Please remember that Pre-Flight Inspection or "Preclearance" is staffed by none other than American Customs and Border Protection (CBP) officers, who apply the same standards (or lack thereof), the same prejudices, the same by-the-pricking-of-my-thumbs judgments as do CBP officers at every other US POE. If you're gonna get slammed at JFK, ORD, or LAX, you could just as easily get slammed at DUB or SNN.

Having said that, if you are turned away at Dublin or Shannon, the advantage is that you will not have had to pay for an expensive airline ticket to cross the Pond. Whether your flight from DUB or SNN to the USA will be refundable is, of course, between you and the airline.

I would add an additional note. Although there have been one or two people on B.E. who have taken exception to this recommendation, I continue to believe -- and I counsel my clients who are making somewhat dicey entries to the USA -- to speak like an adult, be on your "game," look the border guard in the eye, be open not cagey, tell the truth, explain your situation with confidence, and demonstrate to the officer that you know the law, and that you understand his/her concern about intending immigrants who try to jump the queue. I have told clients to say something on the order of, "I have spoken to my attorney, Officer, and s/he has explained the law to me. I KNOW I cannot jump the queue, I INTEND to return to London for my interview, I UNDERSTAND that I may not stay and work right now, I have a return ticket" -- show ticket -- "and I plan to be back at work on" -- insert date here.

If you explain your situation clearly and if you are NOT trying to jump the queue, NOT trying to live and work here at this time, you have NOT recently made numerous back-to-back long-term visits to the USA, you ARE simply making a B-2 nonimmigrant (albeit long-ish) visit, and you CAN show that you have a job you'll be returning or that you have enough money to pay for your stay in the USA, you should be OK.

Some posters say that one should NOT say that one has talked to one's attorney, because it will cause the border guard to wonder why you have an attorney. I broadly disagree with this recommendation. If anything, I think the border guard will understand that you have taken the immigration process seriously enough to retain and instruct counsel, that you are heeding that counsel's advice, and that you would not have PAID an arm and a leg to that counsel only to ignore his/her advice. I suppose reasonable minds can differ on this. Of course, you may do as you wish.

Best of luck.

--J Craig Fong
Los Angeles, CA

caleyjag

I was having an argument about this today.

My colleague at work (a fellow Brit) says you can spend no more than a total of 90 days cumulatively on the WVP in a given calendar year.

I thought it was the case that you were good for 90 days on a given trip, and that if you got more than one 'trip' in a year and customs let you in, then you are good to go.

So potentially, Jan-March for a trip, back to blighty for a couple of months, then say July- Sep for a trip, and so on.

I'm aware that nipping up to Canada doesn't reset the clock, but I thought going back to the UK did.

Who is right?

AlanR

It's always up to the discretion of the POE official as others have pointed out. Any visa or completing the I-94W is no guarantee or right of entry - even possession of a GC is not guarantee (but at least you could get in front of a judge). Only a genuine US passport guarantees entry - there's probably even exceptions to that as an pedant (Mr F.?!) will point out.
The first paragraph is rubbish and your colleague is wrong.
If you are let in by the officials on VWP then you're obviously good to go. Pushing a number of 90 day visits will raise suspicions and increase the chances of a denial. In practical terms Issued to visit the US 4 or 5 times a year for business - but each trip was 1 - 2 weeks. Never had a problem. But all the people that are trying for multiple entries pushing the 90-day threshold on VWP are likely to encounter problems. After all 3 months in 3 months out is 6 months in during a year and the assumption is made that one is living in the US not visiting...

Noorah101

You are. There is nothing that says you are limited to only one 90-day trip per year.

Rene

thompsonator

As i said hopefully if i do try to go back now it won't be until May/June time, especially now that my fiancee is coming here in March (whoo hoo) which would have given me 4-5 months back in the uk between visits and again hopefully this will be the last one i have to do on a wvp.......the next trip i hope will be the one where i go with my K1 visa (fingers crossed lol)