US CBP - Frequent use of VWP

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Old Jun 5th 2011, 10:21 am
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Default US CBP - Frequent use of VWP

I understand that the VWP technically has no limitations on frequency of use and have spent plenty of time searching for articles with more detail about how CBP works with it, but have not come across any that offer any meaningful insight. Forgive me if I have missed something here and am causing duplication. I am trying to understand whether my profile is likely to raise red flags for CBP and if so how to be prepared.

I enter the US under the VWP frequently - and more frequently in the last year or so. Each visit is for tourism only. I expect to enter about six or seven times per year. Each visit is for between ten and eighteen days. The schedule usually takes the form of visit US for two weeks, return to UK for six weeks, visit US for two weeks. I aim to keep the number of days I am in the US to 90 total per year, kind of in the spirit of the VWP.

My exit record is perfect, I am genuinely visiting as a tourist (not visiting relatives or a partner, for example), have no convictions anywhere and always hold a confirmed return airline ticket. I can always demonstrate sufficient funds to cover each visit.

Whilst I have not felt I am about to be refused entry by a CBP officer and have not been subjected to secondary screening, there are occasions when I have felt the degree of questioning was extreme, though on other occasions I have been asked no questions at all. I know they have a job to do and that entry is a privilege rather than a right. I also appreciate that much seems to depend on how the CBP officer's day is going.

So - does anyone have knowledge of what the actual CBP policy is for frequent use of VWP and whether there are practical limitations ? Any unusual questions that I might be asked in future for which I could be prepared ?

I am grateful for any advice or insight that you could offer me - thanks in advance.
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Old Jun 5th 2011, 2:20 pm
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Default Re: US CBP - Frequent use of VWP

Originally Posted by UK1A
I understand that the VWP technically has no limitations on frequency of use and have spent plenty of time searching for articles with more detail about how CBP works with it, but have not come across any that offer any meaningful insight. Forgive me if I have missed something here and am causing duplication. I am trying to understand whether my profile is likely to raise red flags for CBP and if so how to be prepared.

I enter the US under the VWP frequently - and more frequently in the last year or so. Each visit is for tourism only. I expect to enter about six or seven times per year. Each visit is for between ten and eighteen days. The schedule usually takes the form of visit US for two weeks, return to UK for six weeks, visit US for two weeks. I aim to keep the number of days I am in the US to 90 total per year, kind of in the spirit of the VWP.

My exit record is perfect, I am genuinely visiting as a tourist (not visiting relatives or a partner, for example), have no convictions anywhere and always hold a confirmed return airline ticket. I can always demonstrate sufficient funds to cover each visit.

Whilst I have not felt I am about to be refused entry by a CBP officer and have not been subjected to secondary screening, there are occasions when I have felt the degree of questioning was extreme, though on other occasions I have been asked no questions at all. I know they have a job to do and that entry is a privilege rather than a right. I also appreciate that much seems to depend on how the CBP officer's day is going.

So - does anyone have knowledge of what the actual CBP policy is for frequent use of VWP and whether there are practical limitations ? Any unusual questions that I might be asked in future for which I could be prepared ?

I am grateful for any advice or insight that you could offer me - thanks in advance.
There is no "policy." It is up to the individual inspector to admit or refer to secondary. And then it is up to the people in secondary each and every time.

Your posting is quite summary and does not give enough information to make an informed discussion.
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Old Jun 5th 2011, 3:07 pm
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Default Re: US CBP - Frequent use of VWP

Originally Posted by UK1A
I aim to keep the number of days I am in the US to 90 total per year, kind of in the spirit of the VWP.
The VWP allows you to enter the US for 90 days each visit... not 90 days total per year. Some people successfully use the VWP 3 times a year for 90 days each time... others are sent back home on the 2nd try. There's no rhyme or reason to why that happens.


... does anyone have knowledge of what the actual CBP policy is for frequent use of VWP and whether there are practical limitations ?
There is no such VWP policy - which is probably why you can't find it. This is by design. The decision to admit you (or not) rests solely with the CBP officer, and with no policy restricting his discretion he has the widest possible latitude to perform his job.

Generally speaking, unless the CBP officer gets it into his head that you're "living" in the US (without permission), you'll be fine.

Ian
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Old Jun 5th 2011, 3:26 pm
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Default Re: US CBP - Frequent use of VWP

Originally Posted by ian-mstm
The VWP allows you to enter the US for 90 days each visit... not 90 days total per year. Some people successfully use the VWP 3 times a year for 90 days each time... others are sent back home on the 2nd try. There's no rhyme or reason to why that happens.



There is no such VWP policy - which is probably why you can't find it. This is by design. The decision to admit you (or not) rests solely with the CBP officer, and with no policy restricting his discretion he has the widest possible latitude to perform his job.

Generally speaking, unless the CBP officer gets it into his head that you're "living" in the US (without permission), you'll be fine.

Ian
In addition to "living" I would add the word "working."

In reading other posts, I think that the fact that the US does not have the concept of "gap year" by name for younger travelers also causes problems.
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Old Jun 5th 2011, 4:10 pm
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Default Re: US CBP - Frequent use of VWP

Originally Posted by ian-mstm
The VWP allows you to enter the US for 90 days each visit... not 90 days total per year. Some people successfully use the VWP 3 times a year for 90 days each time... others are sent back home on the 2nd try. There's no rhyme or reason to why that happens.



There is no such VWP policy - which is probably why you can't find it. This is by design. The decision to admit you (or not) rests solely with the CBP officer, and with no policy restricting his discretion he has the widest possible latitude to perform his job.

Generally speaking, unless the CBP officer gets it into his head that you're "living" in the US (without permission), you'll be fine.

Ian

To some extent, it really is a matter of pot luck whether you get admitted or not and whether you´ll be sailing through immigration or being sent to a secondary "grilling".
Sometimes there is just no rhyme or reason to it, as Ian rightly points out in his post.
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Old Jun 5th 2011, 4:28 pm
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Default Re: US CBP - Frequent use of VWP

Originally Posted by UK1A
I understand that the VWP technically has no limitations on frequency of use and have spent plenty of time searching for articles with more detail about how CBP works with it, but have not come across any that offer any meaningful insight. Forgive me if I have missed something here and am causing duplication. I am trying to understand whether my profile is likely to raise red flags for CBP and if so how to be prepared.

I enter the US under the VWP frequently - and more frequently in the last year or so. Each visit is for tourism only. I expect to enter about six or seven times per year. Each visit is for between ten and eighteen days. The schedule usually takes the form of visit US for two weeks, return to UK for six weeks, visit US for two weeks. I aim to keep the number of days I am in the US to 90 total per year, kind of in the spirit of the VWP.

My exit record is perfect, I am genuinely visiting as a tourist (not visiting relatives or a partner, for example), have no convictions anywhere and always hold a confirmed return airline ticket. I can always demonstrate sufficient funds to cover each visit.

Whilst I have not felt I am about to be refused entry by a CBP officer and have not been subjected to secondary screening, there are occasions when I have felt the degree of questioning was extreme, though on other occasions I have been asked no questions at all. I know they have a job to do and that entry is a privilege rather than a right. I also appreciate that much seems to depend on how the CBP officer's day is going.

So - does anyone have knowledge of what the actual CBP policy is for frequent use of VWP and whether there are practical limitations ? Any unusual questions that I might be asked in future for which I could be prepared ?

I am grateful for any advice or insight that you could offer me - thanks in advance.
So what ARE you doing here for two weeks every other month. You detailed a lot of things you are not doing, but not why you need to be in the US.

CBP is probably curious, like me.
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Old Jun 5th 2011, 10:40 pm
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Default Re: US CBP - Frequent use of VWP

Visiting as a tourist only, as I said in my original message. I do not 'need' to be there, but enjoy being in a position where I may do so as and when I wish.
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Old Jun 5th 2011, 10:57 pm
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Exclamation Re: US CBP - Frequent use of VWP

My take on it is that Americans usually get much shorter annual leave than people from most other countries - especially compared to Europeans.

It's not unusual for someone to start a new job and get no vacation at all in the first year; many employees only get 10 days annual leave per year and after a number of years they count themselves lucky to get 3 weeks off per year (and many don't even take all the days they're entitled to in case they're considered 'workshy'/not a team player. It does often seem that many Americans truly do live to work.

Now if one is a US Immigration officer, he/she may be wondering how come you manage to get so much vacation time? (Maybe you're retired or/and independently wealthy - you haven't mentioned age or occupation?).

Perhaps if you are getting anxious, you may wish to think about flying with Aer Lingus or Continental Airlines via Dublin or Shannon, Ireland. There are US Immigration officers based at these airports and passengers and customs clearance takes place in Ireland and therefore treated like a domestic arrival upon reaching US soil. If you are refused entry, at least it isn't so far to return home again
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Old Jun 6th 2011, 12:42 am
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Default Re: US CBP - Frequent use of VWP

There is no set formula. It's up to the individual border guard and how they perceive the totality of circumstances. The traveler knows when they've pushed it too far when they get kicked back onto the plane.
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Old Jun 6th 2011, 3:49 am
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Default Re: US CBP - Frequent use of VWP

Originally Posted by crg
There is no set formula. It's up to the individual border guard and how they perceive the totality of circumstances. The traveler knows when they've pushed it too far when they get kicked back onto the plane.
To take an extreme example, a person living in Canada in a border town could use the VWP numerous times every week.
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Old Jun 6th 2011, 2:01 pm
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Default Re: US CBP - Frequent use of VWP

It seems to me, just from reading posts to this forum, that where we've seen people have problems is when they stay for longer periods. Like a couple of months, or the limit of 90 days. And they do it more than once in a year. I think that when the POE officer sees that kind of thing, that's when they get suspicious that the person might be living and/or working in the US.

As everyone else has said, though, there is no set policy. It is up to the officer. And once in a while you get one who's in a bad mood and decides to give you a hard time. But even if they do, as long as you can prove that you're only going for a visit and that you plan on returning at the end of your visit, you should be okay.

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Old Jun 6th 2011, 10:24 pm
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Default Re: US CBP - Frequent use of VWP

I would still love to know what exactly is it that gets you to US that many times a year. Frankly, I find it odd (border line fishy) and it's a matter of time the immigration offer will see it the same way.

As someone mentioned already, avg American gets 2 weeks vacation a year if they are they are lucky so that culture is definitely in the minds of an avg. American.

"I don't do anything but touristy stuff" is only going to fly for only so long. But that's my view...not an expert in VWP admissions for sure...
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Old Jun 7th 2011, 1:00 am
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Default Re: US CBP - Frequent use of VWP

Originally Posted by E3only
I would still love to know what exactly is it that gets you to US that many times a year. Frankly, I find it odd (border line fishy) and it's a matter of time the immigration offer will see it the same way.

As someone mentioned already, avg American gets 2 weeks vacation a year if they are they are lucky so that culture is definitely in the minds of an avg. American.

"I don't do anything but touristy stuff" is only going to fly for only so long. But that's my view...not an expert in VWP admissions for sure...
I can honestly say that the feeling that we were being used as focus group or test audience to determine the plausibility of a BS story did cross my mind too. Legitimate tourists rarely become familiar enough with the nature of the VWP, or become concerned enough to ask questions about such things. People with a guilty conscience or designs on some unauthorized activity do.
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Old Jun 7th 2011, 11:20 am
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Default Re: US CBP - Frequent use of VWP

Whilst I do not personally appreciate the tone, I understand that sentiment of the most recent contributors and perhaps if I was reading this as a third party I may well draw a similar conclusion. To satisfy your curiosity, I can tell you that my position is a little unusual in that I am retired, though still relatively young, and free to travel as, when and where I please. The purpose of my original thread was to seek comments from those more experienced than I in travelling frequently under VWP, in order that I may form an impression of whether I am a likely target for secondary or turnaround. Thank you for your continued interest.
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Old Jun 7th 2011, 12:38 pm
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Default Re: US CBP - Frequent use of VWP

Originally Posted by UK1A
Whilst I do not personally appreciate the tone, I understand that sentiment of the most recent contributors and perhaps if I was reading this as a third party I may well draw a similar conclusion. To satisfy your curiosity, I can tell you that my position is a little unusual in that I am retired, though still relatively young, and free to travel as, when and where I please. The purpose of my original thread was to seek comments from those more experienced than I in travelling frequently under VWP, in order that I may form an impression of whether I am a likely target for secondary or turnaround. Thank you for your continued interest.
You are.
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