Reentering the USA on VWP

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Reentering the USA on VWP


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Old 20th August 2009, 07:10 PM
 
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Question Reentering the USA on VWP

I went to the USA on April 27th to stay with my best friend and stayed for 89 days, returning to the UK on the 26th July, so did not overstay my Visa Waiver. I would like to go back to the USA on the 8th September for 10 weeks because my friend is going travelling around the country and has asked me to go with her. I live with my parents and I don't have a job as I am waiting for a recruitment which only happens once a year in January so I only work casually at a restaurant which I haven't done since I returned. I have plenty of savings and I have appointments booked for when I get home. I desperately want to go travelling with her but I'm really worried that I will be denied re-entry into the US so soon. Is there a strong change that I will be denied entry or should it be ok if I have a return flight booked?

I would really appreciate any advice or anyones previous experiences as I'm really scared to fly all the way over there and get denied.

Thanks

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Old 20th August 2009, 07:40 PM
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You're chance of bing denied is somewhere between possible and probable. Probably somewhat closer to the probable than the possible end I would think....given the number of red flags your post throws up.

Are you feeling lucky?

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Old 20th August 2009, 08:24 PM
 
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You're chance of bing denied is somewhere between possible and probable. Probably somewhat closer to the probable than the possible end I would think....given the number of red flags your post throws up.

Are you feeling lucky?
Thankyou for your reply. Are the red flags because of my lack of job to return to and that I don't own a property? I read on one of the embassy websites that for young people without such ties they consider other things such as life plan. If I show proof of family ties in the UK and evidence of my future career plan as well as appointments, car in the UK, phone contract, and even little things like concert tickets when I return would that not be enough? I'm not trying to live there so surely there should be some way that I can prove this?

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Old 20th August 2009, 08:52 PM
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Originally Posted by lauramarks77 View Post
Thankyou for your reply. Are the red flags because of my lack of job to return to and that I don't own a property? I read on one of the embassy websites that for young people without such ties they consider other things such as life plan. If I show proof of family ties in the UK and evidence of my future career plan as well as appointments, car in the UK, phone contract, and even little things like concert tickets when I return would that not be enough? I'm not trying to live there so surely there should be some way that I can prove this?
You're thinking along the right lines. Only produce said evidence if so required.

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Old 21st August 2009, 11:48 AM
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It is a gamble. You may want to get your ducks in a row. Do you really expect concert tickets and appointments to be considered binding ties to the UK?

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Old 21st August 2009, 07:48 PM
 
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It is a gamble. You may want to get your ducks in a row. Do you really expect concert tickets and appointments to be considered binding ties to the UK?
No I know concert tickets aren't binding ties but I they do show intent to return. My binding ties are that I have family, a car, bank accounts, a phone contract, friends in the UK and nothing in the USA. Im only 22 years old and I'm taking a year out after graduating from uni. Is there any other way that I can prove that I'll return?

Thanks

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Old 21st August 2009, 09:15 PM
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No I know concert tickets aren't binding ties but I they do show intent to return. My binding ties are that I have family, a car, bank accounts, a phone contract, friends in the UK and nothing in the USA. Im only 22 years old and I'm taking a year out after graduating from uni. Is there any other way that I can prove that I'll return?

Thanks
Tell them exactly that and have copies of accounts/contracts/... to back you up. Immigration officials are human but have a job to do.

Have fun!!!

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Old 25th August 2009, 05:38 AM
 
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You should be fine getting back in in September. My boyfriend moved to the states last November. I spent December/January there and then May/June as well and I intead to go back mid Oct to December for approx 70 days.

Take the documentation with you (evidence of phone contract, current bank accounts etc) to show them if required but don't load them up with information at the desk - answer only the questions asked to you.

I'm a little worried about heading back in October (but i've been worried about not getting in every time i've booked a flight to USA) but they have to have good reason to turn you away. I always tell them I'm staying with friends and won't be paying accommodation. As long as you have a return flight and sufficient funds you'll be fine!

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Old 29th August 2009, 12:32 PM
 
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Hi all,

Let me share an experience with you. Between April 2006 and November 2008 I visited New York 11 times. 9 of these visits were short breaks of no more than 7 days then two of these visits we're 72 days and 90 days respectively.

The 72 day visit started in late September and ended in early December when I returned to the UK. 21 days later (on Christmas Eve) I flew back to NYC into JFK and was flagged for further screening, during which I was asked further questions about why I was returning so soon. After a short 30 minutes I was admitted, but during the questioning process, plenty of notes were being made!

On returning to the UK in March 2008 I applied for a B1 visa but was denied it as the case put forward by me was more personal orientated than business related. In October 2008 I entered NYC via JFK without problem, despite stating I had been denied a visa on the I98.

In November 2008 I flew into NYC but via Newark and was detained for three hours on Thanks Giving weekend for further screening. All of the questions I had been asked a year earlier at JFK and the answers provided had been noted.

If it was not for the fact that I had missed the last flight back to the UK from both airports and that there was limited staff, I would have been either turned around or sent to the Elizabeth Detention Center until a flight was available.

The point in this posting is this: Prolonged visits flag on the Immigration database, irrespective of whether you left within the permitted 90 days or on the 90th day. When travelling to the United States, you waive all rights by signing your I98 and if the truth be told, CBP can turn you around for very little cause.

There was a time under the VWP when being British, you were granted a little flexibility, but with many other countries now included under the VWP, CBP are not so flexible anymore!

If you are ever stopped for secondary screening, or even at the post where you do your finger prints, answer only the questions you are asked, be 100% truthful and ensure you can demonstrate strong ties back to the UK. In my case, having a business with three offices, staff etc was still deemed an insufficient tie and it transpired this was because of a flippant comment about me being able to work "from anywhere" made to a CBP agent in 2006 had been noted.

Best wishes.

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