Trouble at customs, try #2, please help!

[David & Diana R 1,005]

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.

What happens anyway when you purchase a thousand+ dollar airline ticket and you are either refused to leave your home country or denied entry once you get to the US POE? Me thinks you lose the money... Correct me if I am wrong. Of course I always err on the side of caution.

Mele Kalikimaka

[Boiler 46,122]

Why did he go through Dublin?

I remain unconvinced that he has updated ESTA with the refusal.

[christeen 966]

They already bought the ticket... Give it a try... And yes, why Dublin?

[Hypnos 6,578]

As stated, he needs to obtain a new ESTA since one of the answers to the yes / no questions has changed, specifically question F, "Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled?"

The new ESTA may be approved, or, more likely, it will be denied and he would need to seek a tourist visa.

If he attempts (or gains) entry using his existing ESTA authorisation then he risks being permanently barred from the US for material misrepresentation. Dublin is an overseas CBP preclearance port, and a denial of entry there is just as much of an issue as it is for a US PoE.

Edited December 9, 2013 by Hypnos

[kmiami15 8]

I still do not understand why not getting a visa (Australian) in Italy before leaving to Australia and buy a roundtrip ticket with a few days in the US and then flying to Australia and then back? The story does not match... remember, these officers have been doing this for years and have heard all types of stories... so if you are going to try again, make sure you have it down packed ... good luck!

Edited December 9, 2013 by kmiami15

[aaron2020 11,651]

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

You are viewing your current situation as an unfortunate innocent mistake. You expect the CBP and/or Dublin to accept your POV. You are not considering that CBP and Dublin have the job to screen out illegal immigrants.

Look at how much your boyfriend looks like he is illegally trying to immigrate to the US. 1. Illegal immigrants quit their jobs because they don't intend to go back to them. 2. They take their money with them, so some will have lots of money in their bank accounts. 3. They have US girlfriends or boyfriends whom they could marry and become legal. 4. Many people have used visitor visas to skip the wait for an immigration visa and marry and adjust. 5. They make the mistake of buying a one way ticket, thus showing no intent to leave the US.

Your boyfriend looked like he was quitting Italy to come live with you in the US. He had no proof that he intended to leave. The new round ticket, AU visa application, etc. will be viewed as made up to deceive CBP and Dublin.

The burden of proof is not on CBP or Dublin to show your boyfriend intends to illegally immigrate to the US. The burden of proof is on your boyfriend to prove that he does not intend to immigrate illegally. Generally, people who intend to return to their home countries to continue their lives with round tickets do not quit their jobs.

You need to apply a more cynical POV to your situation.

[David & Diana R 1,005]

You are viewing your current situation as an unfortunate innocent mistake. You expect the CBP and/or Dublin to accept your POV. You are not considering that CBP and Dublin have the job to screen out illegal immigrants.

Look at how much your boyfriend looks like he is illegally trying to immigrate to the US. 1. Illegal immigrants quit their jobs because they don't intend to go back to them. 2. They take their money with them, so some will have lots of money in their bank accounts. 3. They have US girlfriends or boyfriends whom they could marry and become legal. 4. Many people have used visitor visas to skip the wait for an immigration visa and marry and adjust. 5. They make the mistake of buying a one way ticket, thus showing no intent to leave the US.

Your boyfriend looked like he was quitting Italy to come live with you in the US. He had no proof that he intended to leave. The new round ticket, AU visa application, etc. will be viewed as made up to deceive CBP and Dublin.

The burden of proof is not on CBP or Dublin to show your boyfriend intends to illegally immigrate to the US. The burden of proof is on your boyfriend to prove that he does not intend to immigrate illegally. Generally, people who intend to return to their home countries to continue their lives with round tickets do not quit their jobs.

You need to apply a more cynical POV to your situation.

aaron2020,

Excellent points! Unfortunatley, some people ask questions and simply don't get the answers they want to hear. So then they argue and try to justify their position. I agree with you. It does not matter how sincere of a mistake this might have been I still don't think it is going to be easy to overcome. I was trying to save them misery and additional expense. Perhaps they could get back some of the money spent on the second ticket if they request a refund before he tried to fly again. I will be very surpsied if he is allowed to board a plane for thr US. And how long does it take to get a VISA for AU anyway? I can see the CBP seeing many red falgs here.

Aloha

Mele Kalikimaka

[aaron2020 11,651]

Unfortunately, their 2nd attempt will be viewed as a desperate attempt to fix the 1st flawed attempt to illegally immigrate. They don't realize that the 2nd attempt with fixes is making their situation look worse when applying CBP's more cynical POV.

[JayJayH 546]

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

VWP = Visa Waiver Program.

ESTA = Electronic System for Travel Authorization.

To travel visa-free on the Visa Waiver Program, one must have filled out, and have been authorized through the Electronic System for Travel Authorization.

Thus, VWP is the program itself, ESTA is the authorization needed to use the program.

Visa-free travel is a privilege enjoyed by citizens of most high-income, developed countries, with no criminal or negative immigration history. Once a "breach of trust" per se, has been made, VWP priveleges are generally taken away because Homeland Security (CBP) feels that these travelers need "a little more looking into" and leave it up to Department of State (embassy/consulate) to pre-authorize their travel (visa) before Homeland Security (CBP) again will evaluate whether to admit them or not.

With a denied entry, it is, unfortunately, very unlikely that he will be allowed entry on the VWP, even if his ESTA is still valid. His denied entry will be in the CBP's database. He should apply for either a B-2 tourist visa, or a transit visa at his nearest US consulate or embassy.

Edited December 10, 2013 by Yang-Ja

[Chicagoguy 2 27]

You need more time to read and learn how to do this. Simple first mistake is saying you had trouble with Customs. It was most likely Immigration. And with what has happened so far you might want an Immigration lawyer. The might be very serious consequences if you have further trouble.

I understand your immediate plans might be delayed but you need to TAKE YOUR TIME.

[aaron2020 11,651]

You need more time to read and learn how to do this. Simple first mistake is saying you had trouble with Customs. It was most likely Immigration. And with what has happened so far you might want an Immigration lawyer. The might be very serious consequences if you have further trouble.

I understand your immediate plans might be delayed but you need to TAKE YOUR TIME.

When you correct someone, make sure you are correct.

http://en.m.wikipedia.org/wiki/U.S._Customs_and_Border_Protection

US Customs and Border Protection is the agency in charge of immigration. Customs and immigration are not different agencies.

[Chicagoguy 2 27]

Sorry for mistake. It is just that I ALWAYS have to stand in two different lines and both want different information so I treat them separately in my mind.

[cactuschaos 0]

-UPDATE-

For anyone who has a similar situation in the future and is crawling through old forum posts trying to figure out if they can make it, as I did, I wanted to make an update of what happened.

He decided to get the Australian working visa, and it was issued to him the next day, which was fantastic. He gathered as many types of proof of intent to return to Italy as he could (bills mostly) and I emailed him an itinerary of our plans for the time he would be staying here.

With all this information, he talked the US consulate in Florence, who told him that to their knowledge, it wouldn't be a problem for him to try again.
I also called Border Patrol and Protection and talked to an agent, explaining the situation (without mentioning our names of course) and they seemed to think that he would be okay to cross.

After an incredibly anxious week, with lots of doubts and fears, he finally flew.
His POE was Newark, NJ, which was scary in some ways because if here were to be denied, he would have to fly back across the ocean again....

When he arrived, he waited in line with everyone else, and was of course taken for questioning when it was his turn.
He talked to many officers, each asking pretty similar questions to ones he already answered. But they asked him pretty much everything you could think. They asked about his family, my family, his life, my life, just really grilled him. And he answered everything truthfully and poignantly. He said that they were all very calm and nice about the process, but it was still intimidating. He eventually just told them the whole story, from the first occurrence until now, and in the end, they let him pass. It was such a relief to see him walking out from the arrival area. They even got him his luggage so it wouldn't be circling around and around by itself. They questioned him for about 30 minutes or so, but with the truth and his preparations, everything turned out just fine.

[christeen 966]

Awesome! Congrats.... I thought you might be ok... Good job on all the preperation... Enjoy!

[JayJayH 546]

Thank you for updating! The more people do, the more accurate answers can be given on this forum.

I am glad everything worked out!!