dinihudini

Hello!!

I just did my second trip on the VWP to the US, first one was for one month, then I went home for over a month and now I returned on VWP for another month. The officer asked me if I planned to work, I said no. If I'm visiting someone, I said I have a friend.
He was very straight forward with me: I know what you're doing, it's not normal for a single woman to visit for a months so often, you MUST not work! Don't say nothing now but next time you come, you'll be questioned!!
And so he let me pass this time.

But I'm planning to visit again! Probably after one months being back home.
Anyone had similar experiences?? Has anyone ever been questioned?? Do they want to scare you or will they actually return you home? I'm just applying for a work visa so it'll be a huge risk - I also have my boyfriend in the US so not visiting would risk my relationship.
I have to visit again! What's best to say if they question me and what could be the worst case scenario, apart from being sent back? Will I risk my work-Visa?? Will they put a comment into my passport or my files??

Really appreciate any advice!! It's heart-breaking.

Jerseygirl

I have moved your thread into the US Immigration Forum. No doubt someone will be along shortly to help you.

Orangepants

Yes this happened to me on a 2nd trip in a short period of time.. I was told to get an appropriate visa so that is what I did.

dinihudini

sorry, did they tell you you'll be questioned next time or did you actually get questioned?

And which visa did you get for your third trip?

lansbury

Will it risk your work visa, that is difficult to say. But if you have an application for a work visa it probably isn't wise to do anything that might put it in jeopardy.

They will put a comment in your passport normally with the regulation you have been refused under as the comment, and it will go on the computer record as well.

Orangepants

He said that back to back trips are not allowed as it appeared I was trying to live in the US with my boyfriend (they were right - I was building a house, bought a car and got a dog whilst I was waiting for my visa to come through, first a H1B, then a L1) but he would allow me in this time but get the appropriate visa for the next time. I had already taken so many risks I wasn't prepared to take another. If I were you I'd wait for your H1B to come through - October is not far away. And yes I was questioned thoroughly in secondary for quite a while, bags searched etc..

No doubt there will be notes on the computer from this visit, he was being very fair in warning you - dont take the piss!

slummymummy

Do you work back in the UK? Do you own or rent a flat/house? If you can show that you have ties to the UK it might help. When I got stopped for questioning once I showed my work pass and some payslips (which I happened to have in my handbag) and that seemed to make them a lot happier.

Noorah101

You've been warned now. I wouldn't try coming back to the USA on the VWP again so soon (after only a month back home). As you admitted, you sort of ARE trying to live in the USA (or at least spend as much time there as possible) while waiting for your work visa. Living in the USA as a tourist is not allowed, and the POE agents are on to you.

When you get back to the UK from this trip, try spending at least 3 months outside the USA before attempting another VWP trip. If your work visa gets issued before then, great, you can use that to enter the USA.

Worst case scenario, if you get turned away on the VWP again, is that you wait for your work visa, and then come back to the USA.

Your relationship should not suffer by not seeing each other for months at a time. Or, alternatively, he can come visit you in the UK.

Rene

McZaki

It seems your frequent visits to the US are work related, if so don't do it again and wait for your work visa, there is a huge risk of getting caught/questioned next time and if the immigration officer feels that you have been violating the law then this will most definitely have an impact on your work visa in addition to getting the ban (I'm not an expert in such matters - the statement is based on common sense). If your company is requesting these illegal visits before the work visa is issued then tell them what it is and you cannot continue doing this as you have been warned. With due respect, this thing about having a BF and impacting relationship due to lack of visits is a load of bull in the eyes of an immigration officer even if this is true – make arrangements to meet your BF in Canada, if you can travel so far to see him/be with him then the least he can do is to save you from the embarrassment of deportation and agree to meet you in a neutral venue.

The bottom line is, respect the law and make appropriate arrangements according to the situation.

Jerseygirl

Do you have a job in the UK? If so how can you spend so much time in the US? From the Immigration Officer's point of view it may look like you are working remotely while you are here.

No you do not have to visit again...and the Immigration Officer is not bothered if the relationship with your boyfriend is at risk. His only concern is that you are not attempting to live or work in the US.

jeffreyhy

Yes, others have had similar experiences. Yes, people have been questioned. Sometimes they want to scare you, as in your recent experience, sometimes they will actually return you home, as may happen (or not) in your next experience. What's best to say is why you have to visit again. And it had better be good. There are only two possibilities - you will be let in, or you will be sent home. Probably not. I expect there is already a comment on your record. Understand the difference between a need and a want, and don't visit so much unless you really do have to. Regards, JEff

crg

Your "friend" claim when you actually had a boyfriend could have squandered your credibility in their eyes. You described him as a boyfriend to us, why didn't you do the same at the border? You thought it would look bad to them. So you changed your response to minimize how bad you look, and pretty much attempted to deceive them in a small way by tweaking the word to either hide your true purpose or avoid follow up questions. Honest people with nothing to hide don't do that. I suspect that if you threw the boyfriend term out instead, you may have appeared more honest and credible with nothing to hide.

ian-mstm

No, it wouldn't - but the US government wouldn't care if it did.


No, you don't.


Not having enough money to put food on the table is heart-breaking. Not being able to visit your boyfriend is a minor inconvenience.

Ian

slummymummy

Don't let Ian's tone upset you, it's not personal.

There is a risk using the VWP and get denied because it might mean you can never use it again. (It might not be so if your application to enter is withdrawn by you, instead of you being refused entry and this stamped in your passport.) Not being able to use the VWP again might not be so bad for you though as you are getting a work visa and perhaps have plans to get married in the future too?

crg

Technically, people aren't supposed to ever be allowed to withdraw when seeking entry on the VWP. They are supposed to be either admitted or refused. When someone withdraws, they are withdrawing their application for admission to the US in lieu of either going before an immigration judge to determine their admissibility or an immigration officer who can order them removed on the spot.

Since a VWP applicant has waived their right for a review as to their admissibility before the immigration judge and/or officer, and a VWP refusal doesn't equate to a removal order, there is nothing for the applicant to withdraw from.

Of course on occasion, people get sent back with their ability to use the VWP intact, but that is almost always at a land crossing for a minor issue like an expired or noncompliant passport, lack of $6 in US funds to pay for the I-94, or some other easily overcome issue. I've never heard of someone being sent back at an airport with their VWP eligibility intact.