esta travel restrictions

[CMBx3 3]

I traveled to the usa in august 2013 for 3 weeks, then again for 3 months from may to july 2014, can I travel again in November 2014?

I was told you are not supposed to travel too often with an esta and if you 'over use it', you'll be denied entry?

But what is TOO OFTEN?

Also, I have a pending I-130 petition and will traveling with a us citizen toddler.

[Hypnos 6,578]

In general you should aim to spend no longer than 6 months out of every year in the US. If you're looking for another three months after so recently spending three months in the US then it's possible this will attract their attention, since it would put you right up against the soft limit.

Edited August 18, 2014 by Hypnos

[Ian H. 207]

You should be fine. You were only here for 3 months and as long as you didn't overstay, I don't see why you should encounter problems. They like the fact that you maintain your status and leave when you're supposed to. Like the above mentioned, staying something like 6 months out of a year may raise a couple of flags. But if you were only here for 3 months and plan to stay, let's say a few weeks, that shouldn't be a problem.

[Phillip Vo 0]

I'm from Vietnam. I have a petition I-130 and I want to visit my husband's family in the United States. But I think I can not accept visa at this time? is there anyone like me has to ask for tourist visa to the US???

[SimonBelgium 49]

The topic starter should be aware that the immigration officer will likely ask you to provide evidence of your I-130 petition. So bring a copy of your petition and the NOA-1 / NOA-2 !!!!!

[CMBx3 3]

The last time I traveled(may 2014), I was asked 0 questions at immigration. I wasn't even finger printed or photographed. Officer just stamped our passports and tried to make a joke with my daughter then said have a good day.

At the time I was also traveling with a lpr friend and I literally had to wait half hr for her to be finished being heavily interrogated by the officer.

I found this very strange, and it just goes to show that your chances/experience at immigration depends on the officer you're dealing with and their mood at the time of day probably also plays a big role in their reaction to you.

I just wish their was a set rule/law on the esta restrictions. Like a cut of point that you should stay within, instead of having you guess and wonder and maybe even waste time efforts and money if you were denied entry because you innocently didn't know.

[Jawaree 718]

Spending a total of 6 mths or more of any yr

can cause questions trying to get back in the same yr

yep depending on CBP one runs into no telling the outcome

[CMBx3 3]

Update,

I entered the USA on thanksgiving day without any problems. Immigration officer was very pleasant and didn't seem to be 1 bit concerned about anything, he only asked if I ever considered applying for a visitors visa and nothing else.

I was finger printed and photographed this time.