simplysanrio

Hi All, my friend is planning to visit the US for the second time on the VWP. Is there anything that needs to be done to travel? The first time he had to get approval, but this time around is there any other approvals that are required? It is still within the 2 year approval. I assume not, but just wanted to check. Thanks!

radion

Should be good to go, ESTA has been done, and as long as its not too close to the last visit should be OK, its all gauged on intent to live in the US, if he hasn't been out of US too long since first visit, he may get second interview, but really should be fine, and yes ESTA is good for 2 yrs

simplysanrio

Thanks for the quick reply and confirmation. I had posted another thread about how he got his student visa and wanted to come for a vacation before the 30 days entry rule. It has been only a couple of weeks since his last visit, but I'm thinking he has done everything legally to stay for school, that hopefully they wont give him a hard time for this vacation since it's obvious he will be coming back legally. Fingers crossed

ian-mstm

Without forcing us to reread your entire posting history, how is it "obvious" he'll be coming back legally? Also, why would you think that his "coming back legally" would have any bearing on his entry this time?

Ian

crg

"done everything legally to stay for school"

What does that mean? How do you stay for school on the VWP?

simplysanrio

First Ian, I did not imply that you need to read my entire posting history (which btw only consists of one other thread). And I think I its obvious that someone who is intending to stay in the US illegally wouldn't bother to have spent the time or money, let alone stress of obtaining a visa. If his visit on the vwp was an attempt to work or stay illegally, why bother applying for the visa? Seems obvious to me. The reason I mention it is because that is one of Customs concerns... People trying to stay or work,

simplysanrio

Sorry for the confusion. He has recently been approved for a student visa. But this trip now is on the vwp because he can only enter 30 days prior to school starting and wants to vacation before then.

meauxna

You're joking, right? Read here for a couple of weeks and your eyes will be opened. LOTS of people apply for visas inconsistent with what they intend to do. That's why there is the 'stress' of obtaining a visa.


That isn't their only concern. They don't want immigrant living here without the proper documentation. Guess when the IRS thinks you 'live' here? After 6 months in the US. We have several people per year post about how they earn their income outside the US, don't have a permanent home they don't intend to abandon, and they stay in the US on their time off. Two of those cases just this past 6 month, and one guy got deported at the border & is now banned from returning.

Look, I'm glad your plan is working out so far, but I'd caution you against thinking you have it all figured out. You're (he is) skating close to the line and he should still expect that he could be refused entry when he returns. I know you want us to tell you it will be OK because "technically" he's within the rules, but don't for a second think he has a "right" to enter on the VWP.

He should come, as a regular tourist (not moving all his crap with him) and SEE if he is admitted. If so, great, have a good time. If not, he should go home gracefully and wait until 30 days before the school start.

AdobePinon

Not at all obvious.

crg

They'll make the decision at the border. They may be concerned with the significant "vacations" this person has been taking. There is more to this story.

agentred

Folks I think simplysanrio already understands your concerns about the study visa, it was discussed to death on the last thread and there's no need to dredge it up again.

So SS, if your friend is still intent on visiting then no, there's nothing else he needs to do. Except hope for the best.

simplysanrio

Thanks Agent... That's the answer to my actual question.