crg

The fact that the POE officer told her is a factor, but does not compel her to get a visa. Only a violation, a formal VWP refusal, or maybe the new ESTA denial prevents someone from using the VWP. It's outside that officer's authority to tell someone they will be denied the next time they attempt a VWP entry. The decision will be made by the next officer they see in consultation with a supervisor.

If I were her, I'd keep traveling on the VWP but travel with a mountain of evidence to refute their presumption of immigrant intent. We're talking bank, property, utilities, mortgage lease info, auto, insurance, school records for her and the child to prove that they will leave after their visit. Have a list of the prior short visits.

The tricky part is that she intends to move to the US, it's only a question of when. The LPR boyfriend complicates things, but that can be overcome with enough evidence.

Ray

Then the OP has an answer to the POE ...
I disagree with you .... most refusals I have seen are
not for those told to do so ..

yc2m

Hi Elvira,
this is why I'm so confused!! The original advice we obtained was from immigration lawyer who worked for a congressman we know, and also the immigration lawyer who undertakes all the immigration related issues for my OH international company.

yc2m

Everytime I enter the US I always get asked questions, I tell them I'm visiting my OH, which is the truth. They always then ask, how long I'm staying, when I'm returning home and what I do for a living.

I was planning to come over beginning of July for 3 weeks; in your opinion, is this not advisable?

crg

Your infrequent trips and another in July doesn't strike me as anything close to abuse.

You may want to avoid uncorking the "my lawyer said" stuff. Lawyers are rarely allowed to interfere with activities at the border, and they'll probably want to know why a visitor felt the need to discuss their situation with a lawyer who specializes with US immigration. They could think you've been coached to lie to the POE officers and then stay in the US forever upon entry.

Elvira

If it were me, I'd say July ought to be fine........... but there is no guarantee, and IANAL...

Do you carry the documentation I mentioned in my previous post? Obviously only show these if you encounter problems, but this could prove critical if you encounter further problems.

Also, why not have a telephone consultation with an immigration lawyer who is familiar with how your local US Consulate 'thinks' on this matter? (i.e. wherever you would be applying for the B2 - not sure whether this would be in Australia or the UK).

Elvira

Good point!

yc2m

Thanks, Elvira! Yes, I will speak to the US consulate in the UK, as that's where I life.
I was considering going to Australia once I finish my degree as they have a really good graduate nurse program there. It's only for a year, and then by that time, my OH would be a USC and then we would get married and then we can live together.

I really appreciate all the replies I've had, as this is so disheartening. I genuinely feel that I approached the past 6 years of travelling to the US in a respectful manner, always mindful not to overstay and abuse the VWP

notacrime

Am I reading this right? The guy who takes the customs form right before you leave the baggage claim area was the one who gave you this advice?

That seems really weird to me. Isn't he just supposed to be checking for meat and fruit?

yc2m

Yes, you're correct, it was the customs guy!
I did ask the guy if there had been an issue when I had my biometrics etc taken but he said nothing was wrong, except he thought I should use the B2 visa from now on and not the VWP.

lisa67

when entering on the B2s my friends have never had any problems (so far!) They do stay out of the US for a few months between visits, and as I said before the one friend only used the VWP once before to visit her husband before she was told at POE to get a visa

crg

In the old days the there were three different agencies working the border, now it's one. So the guy working the door with the customs forms may work the biometric side too and vice versa.

y2cm: The consulate isn't known for giving good telephone advice.

ian-mstm

For several years now, Customs and Immigration have been combined from two separate agencies into a single unit - ICE (Immigration & Customs Enforcement)... and ICE reports directly to DHS.

Ian

Bluegrass Lass

Let me ask this then? How the heck would the person taking the customs forms even know how often she had visited? The airports I've gone through, the person taking the customs forms didn't even have a computer IIRC (but could be different at other POEs probably).

I think the OP is stuck between a rock and a hard place. If she goes ahead and applies for the B2, and gets denied, she will have issues returning to the US because of the denied visa.

Yc2m, if you decide to chance the VWP route again in July, and you are worried about getting turned away, you should try to get a flight that goes through Dublin. There is a pre-immigration (or whatever it's called) process in Dublin. If you are going to be denied entry to the US, you'll find out right then and there, and it'll only be a short hop back home to the UK, esp since you'll have your child w/you.

crg

Not quite. It's more complex than that. ICE, CBP & CIS are all separate and all report to DHS.

Former INS jobs: Immigration Inspectors, Border Patrol, Special Agents, Immigration Enforcement Agents, Deportation Agent, Detention Enforcement Officers, Adjudicators.

Former Customs jobs: Customs Inspectors, Special Agents/Criminal Investigators, Immigration Enforcement Agents, Detention Enforcement Officers, Adjudicators.

When DHS was formed, they shattered that structure.

Border Patrol, Immigration Inspectors, and Customs Inspectors went to Customs and Border Protection (CBP) along with the USDA agriculture inspectors.

Special Agents/Criminal Investigators, (from INS and Customs), Deportation agents, and Immigration Enforcement Agents went to Immigration and Customs Enforcement (ICE).

Adjudicators went to USCIS.

ICE does the interior and USCIS does benefits. They don't work on the border.

http://www.dhs.gov/xlibrary/photos/orgchart-web.png