HardLine

Hi,

I am looking to return to the USA on a VWP for the 3rd time this year and am concerned with getting approved at POE. My first visit was in March when i spent 2 weeks in Canada and 4 in the USA. I then spent about 3 weeks back in home before returning to the USA for 67 days. When i next return i will have spent 57 days out of the USA. Will there be serious issues going back considering these past trips?

Thanks for all help

As a side note - I was concerned about this same thing the second time i went back, but breezed through POE without issue, however i do realise that this is now an entirely different situation again.

Rete

The VWP is for vacationing not for living in the US.

No one can tell if you will be grilled this time at the POE and returned home or if your entry will be any less hassle free than the other times. You want to enter the US, you take your chances.

Noorah101

I'm sorry, but there's just no way of knowing ahead of time. Bring proof of your ties to your home country and hope for the best.

Rene

Lissbovavd

HardLine,

There is absolutely no way to know on beforehand whether you will face any problems or not.
However, considering your information regarding your previous US visits in 2010, I would say that you are certainly fast approaching a situation where the CBP agent at the POE may well decide to send you to a secondary inspection for further questioning. In my humble opinion you probably should be staying out of the US for longer periods than has apparently been the case for you this year.

If at all practically feasible for you, you might perhaps consider going through Shannon or Dublin Airports in Ireland, where there are US pre-clearance immigration facilities at the airports prior to boarding the actual flight.

Good luck!

HardLine

Thanks for everyones feeback it is greatly appreciated

HardLine

Sorry i just had an after thought, If i am refused entry upon arrival on the VWP, does that mean i am banned from using the VWP in the future? and if so, do people on the VWP have the option of withdrawing their app. of entry to avoid a ban?

Thanks again.

crg

"If i am refused entry upon arrival on the VWP, does that mean i am banned from using the VWP in the future?"


Yes. A formal VWP refusal means a ban from using the VWP again.

"do people on the VWP have the option of withdrawing their app. of entry to avoid a ban?"

No. Withdrawing is when you withdraw in lieu of seeing an immigration judge or a possible Expedited Removal before an immigration judge. A VWP applicant has already waived their right to both of those processes. Technically nobody ever has the option of withdrawing unless the border guard opts to grant them the benefit of withdrawing.

However, sometimes VWP applicants at land crossings have been returned foreign without a formal VWP refusal. This seems to occur if the guard thinks the person can overcome the problem or could come back with more evidence. It also has been known to occur when the person didn't notice their passport was expired or didn't have the money for the I-94W. Technically that isn't really a withdrawal either because the normal withdrawal paperwork (I-275) isn't completed.