Visa Waiver Program reentry criteria

[hmh33 117]

I was in the US on a J-1 visa from August 2007 to June 2008. I went back to the UK for two weeks, then returned to the US under the visa waiver program, with no problems. I stayed around 60 days, then again went back to the UK for a week and returned to the US (Boston) under the VWP. This time CBP gave me a lot of trouble, said that I was visiting too often and it was suspicious, said I didn't have enough money to support myself ($2000 isn't enough for a month with free accommodation and a return ticket??)... they did finally let me in, but suggested that getting a visa next time would offer me more protection. They didn't say I was banned from using VWP, but I felt that was kind of implied. I left the US at the end of September 2008 and haven't been back since. I have never overstayed or been out of status.

My question: what record is left in "the system"? What will happen if I try to visit again under the VWP, e.g. in April - 8 months after my last entry? Obviously they will see the dates that I was previously in the country, but will they know that I had been "cautioned"?

I know that I can apply for a B1 visitor visa, but firstly I would rather not have the expense and hassle of going to the embassy, and secondly I am worried that they would ask why I couldn't just use the VWP. I really don't want to have either a visa refusal or a border denial on my record.

Probably nobody can tell me for certain, but I would appreciate any advice, thoughts and experiences.

Thanks!

[TayRivers 4]

I was in the US on a J-1 visa from August 2007 to June 2008. I went back to the UK for two weeks, then returned to the US under the visa waiver program, with no problems. I stayed around 60 days, then again went back to the UK for a week and returned to the US (Boston) under the VWP. This time CBP gave me a lot of trouble, said that I was visiting too often and it was suspicious, said I didn't have enough money to support myself ($2000 isn't enough for a month with free accommodation and a return ticket??)... they did finally let me in, but suggested that getting a visa next time would offer me more protection. They didn't say I was banned from using VWP, but I felt that was kind of implied. I left the US at the end of September 2008 and haven't been back since. I have never overstayed or been out of status.

My question: what record is left in "the system"? What will happen if I try to visit again under the VWP, e.g. in April - 8 months after my last entry? Obviously they will see the dates that I was previously in the country, but will they know that I had been "cautioned"?

I know that I can apply for a B1 visitor visa, but firstly I would rather not have the expense and hassle of going to the embassy, and secondly I am worried that they would ask why I couldn't just use the VWP. I really don't want to have either a visa refusal or a border denial on my record.

Probably nobody can tell me for certain, but I would appreciate any advice, thoughts and experiences.

Thanks!

Every entry to the USA is recorded in the system. I am amazed that you were allowed to re-enter so soon, There is nothing to stop you using the VWP again and a 8 month gap in visits is not going to raise too many questions. Just make sure you bring evidence of your ties to the UK and enough money to support yourself for the time you are going to be here.

A good rule of thumb is that you should spend as long outside the US as you did inside the US. so if you come for 60 days the you should wait 60 days or more before you return to the US.

As to the effect on any visa you are applying for hard to say as your profile say you are filling for N/A.

Edited December 9, 2008 by TayRivers