Trouble at customs, try #2, please help!

[cactuschaos 0]

I know this might be a little off topic, but I don't know where else to turn!

My boyfriend is an Italian, wanting to come visit me in the US for the holidays. We want to get visas for Australia and fly there together from the US, but do not have them yet. He initially booked a flight on Dec 6th, but was not allowed to fly to the US, and was questioned in Dublin at US customs, primarily because he did not have a return ticket. He quit his job in Italy to go to Australia with me, and so with no visa for Australia, nor ticket, and no job back in Italy (a good tie for returning home) he was not allowed to go to the US. He applied for the Visa Wavier program, and he says that it is still active. We have purchased another, round trip ticket for later this week so that he can "try again". What should he prepare for when he gets to the US border? He is still in their systems obviously, and we really don't want him to be denied again. Please help! We need advice and consultation! Will he be able to do this? We are so scared...

[NigeriaorBust 4,087]

If he has been denied entry to the US even at Dublin he can no longer use the VWP . He must apply again and check yes to the question about being denied and probably will be denied He will either need a transit or visitors visa

[cactuschaos 0]

He said that his ESTA is still good...is there a difference between the VWP and the ESTA?

[christeen 966]

If the ESTA is still valid in the system, it does not guarantee it is not flagged in the USA system... However, he NEEDS a round trip ticket to enter the USA .... Not having one was the big no-no. I would also make sure he brings all the info on your Australia trip and explain to them you vacation plans etc... Also, any ties to Italy he can bring will help...

[aaron2020 11,651]

He does not necessarily need a round trip ticket from Italy to the US.

He just needs a ticket to show he will leave the US. The US only cares if he visits, spends money, and leave. It doesn't matter where he goes.

[cactuschaos 0]

Thank you for the explaination! Yes, we realized that the big flag was a one-way ticket. They were thinking that because he quit his job in Italy, he wanted to come here, one-way, and work. They asked initially where his ticket to Australia was, and he said he wanted to buy it with me here in the US....another flag. So now we know our mistakes. Now we will try again with a round-trip ticket and a big list of places we will tour in the US, and a list of ties back to Italy. We will work on all the information for Australia too. I doubt he could get an actual visa in time, but would an application process be okay? We will have the information about where we will go and live, as well as our proposed jobs in Australia too. Do you think this will be enough to convince boarder patrol to let him cross? Will they even ask him about Australia now that he has a round trip ticket? I know he is "flagged" in the system now, so I think he will probably get grilled more than normal...

[aaron2020 11,651]

Thank you for the explaination! Yes, we realized that the big flag was a one-way ticket. They were thinking that because he quit his job in Italy, he wanted to come here, one-way, and work. They asked initially where his ticket to Australia was, and he said he wanted to buy it with me here in the US....another flag. So now we know our mistakes. Now we will try again with a round-trip ticket and a big list of places we will tour in the US, and a list of ties back to Italy. We will work on all the information for Australia too. I doubt he could get an actual visa in time, but would an application process be okay? We will have the information about where we will go and live, as well as our proposed jobs in Australia too. Do you think this will be enough to convince boarder patrol to let him cross? Will they even ask him about Australia now that he has a round trip ticket? I know he is "flagged" in the system now, so I think he will probably get grilled more than normal...

Unfortunately, he will not be allowed in next week. While you know that it was an innocent mistake, US immigration has a more negative view. Once fraud is suspected, US immigration is not going to let the potential fraudster clean up his story. "Oh - I am planning on staying for in the US so I bought a one way ticket. I'll just try again by getting a round trip ticket and create a fake itinerary."

[christeen 966]

Not necessarily true that you are guaranteed failure ... Truth is NOBODY here knows who will be denied or approved... But I might suggest that you leave out mystery plans to work in Australia as it shows intent to immigrate and work somewhere... What compels you to work in Australia and not decide to stay here is USA? Plans to VISIT Australia, travel plans/tickets to AUS are good... If you are going around as a tourist and want to be considered a tourist, you have to convince them that your ARE a tourist and have a compelling reason/ties to leave the USA and not stay and adjust. You will be flagged, however you need to state your plans, show ties to return (or compelling reasons to leave USA) show a way to leave the USA (return ticket tomSOMEWHERE) and be ready for questions... You know the red flags, address them and good luck.

[cactuschaos 0]

Not necessarily true that you are guaranteed failure ... Truth is NOBODY here knows who will be denied or approved... But I might suggest that you leave out mystery plans to work in Australia as it shows intent to immigrate and work somewhere... What compels you to work in Australia and not decide to stay here is USA? Plans to VISIT Australia, travel plans/tickets to AUS are good... If you are going around as a tourist and want to be considered a tourist, you have to convince them that your ARE a tourist and have a compelling reason/ties to leave the USA and not stay and adjust. You will be flagged, however you need to state your plans, show ties to return (or compelling reasons to leave USA) show a way to leave the USA (return ticket tomSOMEWHERE) and be ready for questions... You know the red flags, address them and good luck.

This is great advice. He was not planning on mentioning Australia at all, and responding if, and only if they asked him about it. He intends to reply to any questions they ask, and nothing more. But we are trying to beef up his Italian ties. As most young Italian men do, he still lives with is parents. And now that he has quit his job, his biggest tie has been severed. He has phone and internet bills, but not much else. What are some other examples of things he could take as proof he has intent to return back to Italy? (Besides family, his dog, his friends etc...) I feel like he will really need something strong in order to convince them.

Edited December 9, 2013 by cactuschaos

[dwheels76 5,468]

This is great advice. He was not planning on mentioning Australia at all, and responding if, and only if they asked him about it. He intends to reply to any questions they ask, and nothing more. But we are trying to beef up his Italian ties. As most young Italian men do, he still lives with is parents. And now that he has quit his job, his biggest tie has been severed. He has phone and internet bills, but not much else. What are some other examples of things he could take as proof he has intent to return back to Italy? (Besides family, his dog, his friends etc...) I feel like he will really need something strong in order to convince them.

But the thing is he isn't returning right. You are going to Australia you say to work and live. All his ties like you say have been severed. Cuz a dog friends family are going to do without him when he goes to Australia saying you need to return for your pet isn't very strong sonce you left them to begin with. Wish you luck.

[David & Diana R 1,005]

Unfortunately, he will not be allowed in next week. While you know that it was an innocent mistake, US immigration has a more negative view. Once fraud is suspected, US immigration is not going to let the potential fraudster clean up his story. "Oh ###### - I am planning on staying for in the US so I bought a one way ticket. I'll just try again by getting a round trip ticket and create a fake itinerary."

aaron2020,

I agree it is highly unlikely that he will be allowed to enter the US at this juncture. If he is allowed it will be an early Christmas miracle.

Aloha and Mele Kalikimaka

Not necessarily true that you are guaranteed failure ... Truth is NOBODY here knows who will be denied or approved... But I might suggest that you leave out mystery plans to work in Australia as it shows intent to immigrate and work somewhere... What compels you to work in Australia and not decide to stay here is USA? Plans to VISIT Australia, travel plans/tickets to AUS are good... If you are going around as a tourist and want to be considered a tourist, you have to convince them that your ARE a tourist and have a compelling reason/ties to leave the USA and not stay and adjust. You will be flagged, however you need to state your plans, show ties to return (or compelling reasons to leave USA) show a way to leave the USA (return ticket tomSOMEWHERE) and be ready for questions... You know the red flags, address them and good luck.

christeen,

Of course...no one is guaranteed failure. But I would bet he will be denied before he leaves his country or at the POE in the US. I am afraid this couple just wasted more money on airplane tickets they can not use.

Aloha and Mele Kalikimaka

But the thing is he isn't returning right. You are going to Australia you say to work and live. All his ties like you say have been severed. Cuz a dog friends family are going to do without him when he goes to Australia saying you need to return for your pet isn't very strong sonce you left them to begin with. Wish you luck.

dwheels76,

I agree with you. Dogs, cats, sea lions, monkeys, otters, spotted owls (well maybe spotted owls because they are endangered) does not a strong tie make.

Aloha and Mele Kalikamaka

[RhettVoe 282]

Trying to quickly create a 'new and improved' story will likely backfire....pointing to a pet as a tie won't work; neither are parents...people leave their parents everyday...sounds like an uphill battle.

[cactuschaos 0]

aaron2020,

I agree it is highly unlikely that he will be allowed to enter the US at this juncture. If he is allowed it will be an early Christmas miracle.

Aloha and Mele Kalikimaka

christeen,

Of course...no one is guaranteed failure. But I would bet he will be denied before he leaves his country or at the POE in the US. I am afraid this couple just wasted more money on airplane tickets they can not use.

Aloha and Mele Kalikimaka

dwheels76,

I agree with you. Dogs, cats, sea lions, monkeys, otters, spotted owls (well maybe spotted owls because they are endangered) does not a strong tie make.

Aloha and Mele Kalikamaka

Why do you think it would be highly unlikely? His circumstances are all true, and he even said that the officer in Dublin said it would be okay to try again the next day, or come up with a different plan. This is our new plan. I feel that it is very secure. He is going to apply for the Australian visa tomorrow, so that he can have even more evidence he does not intend to stay there. We have an itinerary for travel, he has money in his bank account, he has bills from home, and he has a return ticket. I feel that this should be enough for him to be able to cross....

EDIT: I didn't mean this thing about the dog to be so important. He will not be using an animal as a reason to go back to Italy, I was merely using it as an example

Edited December 9, 2013 by cactuschaos

[christeen 966]

Give it a try... Answer any questions and be EXACT when we will be returning o Italy or leaving the USA... Vague dates do not impress immigration... Does he have a history of teavel (especially of past visits to USA with no overstay)? If so... All the more positive... The return ticket will help a lot.. Give it a go... Good luck.

[David & Diana R 1,005]

Why do you think it would be highly unlikely? His circumstances are all true, and he even said that the officer in Dublin said it would be okay to try again the next day, or come up with a different plan. This is our new plan. I feel that it is very secure. He is going to apply for the Australian visa tomorrow, so that he can have even more evidence he does not intend to stay there. We have an itinerary for travel, he has money in his bank account, he has bills from home, and he has a return ticket. I feel that this should be enough for him to be able to cross....

EDIT: I didn't mean this thing about the dog to be so important. He will not be using an animal as a reason to go back to Italy, I was merely using it as an example

His circumstance might well be all true...however, he has to convince the people at the border/s of this. Sounds like both in Dublin and USA. Read what others have posted in answer to your question. I am not trying to jynx you. I hope it all works out. I am just trying to be realistic for you. You asked a question and I gave my best educated guess as to what is going to happen. You don't like my replay? You want an honest reply? Sorry but I am not going to lie to you. I think it is an uphill battle. Large bank accounts, property, lease on or ownership of a home, a letter from his employer that states he will be returning to his job and is needed there, etc. These are things that might allow him to enter the US. But immediately after a denial just after being entered into the system as a denial, I doubt it. But good luck and God Bless

Mele Kalikimaka