Visa Waiver - refused entry?

[SantaMonica 0]

Hi everybody,

I wanted to see if there are any other people out there who use the visa waiver program as frequently as me and what your experiences are.

To give you an idea - I'm from Germany and I've been vacationing in the US for two consecutive years now. I stayed the full 90 days each year for spring vacation, with an additional 1-2 short visits (< one week) in between. I know that the officer at the point of entry has the right to refuse entry, even if I have an ESTA and I know what he/she will do if they think I'm abusing the program.

I couldn't find any written guidelines as to how often you can use the program, or how many days per year you can stay in the US, without it being "abuse". So I'd like to get an idea of what experiences other people have made who actually use the WVP quite heavily.

Looking forward to your answers,

J

[NikLR 13,232]

If you are inside the USA more than outside it, they can and will refuse you entry.

[jaycali 415]

If you are inside the USA more than outside it, they can and will refuse you entry.

Most likely, yes, but not entirely necessarily..

Hi everybody,I wanted to see if there are any other people out there who use the visa waiver program as frequently as me and what your experiences are.To give you an idea - I'm from Germany and I've been vacationing in the US for two consecutive years now. I stayed the full 90 days each year for spring vacation, with an additional 1-2 short visits (< one week) in between. I know that the officer at the point of entry has the right to refuse entry, even if I have an ESTA and I know what he/she will do if they think I'm abusing the program.I couldn't find any written guidelines as to how often you can use the program, or how many days per year you can stay in the US, without it being "abuse". So I'd like to get an idea of what experiences other people have made who actually use the WVP quite heavily.Looking forward to your answers,J

As you are obviously aware of, there is such a thing as "abusing" the VWP. However, there are no laws or guidelines regarding any maximum time you can spend in the US (other than obviously 90 days at a time).

In essence, you are allowed 90 days at a time. Period.

Why are there no guidelines? Because each entrant, each applicant for admission is treated individually. The goal of the CBP is not to turn people away. America would be bankrupt if it wasn't for tourism. Here in Hawaii alone, international tourism accounts for an enormeous influx of money every single day. I, along with half this town would be unemployed if the CBP started turning away people for fun.

The CBP is required by law, to presume any entrant to be an intending immigrant. However, the vast majority of entrants are allowed through with minimal amounts of questioning - The CBP does not expect every single traveller to bring an attorney, a law book and vast amounts of evidence on their Disneyland family vacation. The CBP instead looks for unusual travel movements and patterns. When unusual travel movements are discovered, the person is questioned a bit further to see if his/her story makes sense to a reasonable human being. If the story makes sense, no problem. If the CBP still isn't convinced, and no further evidence can be gathered to back up the traveler's story, the CBP is required by law to turn that person away.

To give you an example - A retired German couple with a massive bank account own a vacation home in Florida. They spend about half the year there, and half the year in Germany. The CBP may raise their eyebrows initially - Who travels twice a year for 3 months at a time? When they see that this couple has 50 grandkids in Hamburg, an annual pension paid by Germany, a million dollar bank account and own a vacation home in Orlando, the story makes sense. There is nothing to suggest that the couple might try to stay illegally, and nothing to suggest that they will work illegally. In other words, they will likely be allowed to enter, and as far as the CBP is concern, they contribute greatly to the US economy.

On the other hand, say for example a single, German 20 year old with no stable job, visitng twice a year for 90 days at a time. The CBP will raise their eyebrows, look into it, and begin to wonder 1. How does he finance his trips? 2. What job in Germany will allow 90 day vacations twice a year? Does this traveler have a reason to even want to go back to Germany? Questions to that nature. If the traveler has no way of reasonably showing how he finances all his trips, the CBP can and will turn him away.

They do not care why you're visitng the US, as long as you're just visiting. They don't care how long you stay, or how often you come per se. They care whether or not your travel movements make sense. If you travel often - How do you finance it? If you stay for long periods of time - What keeps you coming back to Germany?

You're traveling as a tourist on the visa waiver program - The CBP expects you to be a tourist, and nothing but a tourist.

[Stressed Out 81]

We always went in the winter and spring/summer time and never had any issues. But, wow 3 months visit at a time. What is it you do in Germany? haha, I need that job.