Chinese citizen with USA visa re entering the USA often

[Dan Gardner 0]

My girlfriend has a B1/B2 USA visa with multiple entries. She has visited the USA 3 times in the past 18 months, with stays of approximately 3 weeks, 8 weeks, and 12 weeks. Each visit she has gotten a 6 month entry stamp, so she's never come close to going over. However, the last time she entered the customs officer gave her a fright and for a minute my girlfriend was afraid that she would be denied entry. 

 

I'm currently living with my girlfriend in China, and we plan to return to the USA in mid February. We understand, as the visa states, that the visa isn't a guarantee of entry. Our first question is: how worried should we be that she may be denied based on too many frequent entries? Secondly, if she is denied by the officer at the airport booth, is there any follow up by a superior, or is that it and she has to get out of the country? 

 

Note: she has many visas in her passport: Japan, Indonesia, Malaysia, Vietnam, USA, EU, Singapore, etc. 

 

Thank you for your input.

[geowrian 22,337]

Entry is at the discretion of the CBP officer. It's hard to predict what an individual officer will decide. The last 2 trips were roughly 2 and 3 months long each, which does start to raise concerns that she is more than just visiting the US. None of those trips individually looks odd, but I could see some concern over the extended and consistently growing length of stays.

 

How long was she out of the US between the most recent trips? How long will she have been out of the US by the planned trip in February? Does she still have (and carry with her) strong ties to return home?

What did the officer say/do/ask that gave her a fright?

 

If denied entry, she will be placed on a returning flight and the visa will be cancelled.

Edited January 3, 2018 by geowrian

[az2014 381]

When did she leave the US after her 12 week stay?

 

How long is she planning to stay in Feb?

Edited January 3, 2018 by az2014

[Going through 5,670]

23 minutes ago, Dan Gardner said:

However, the last time she entered the customs officer gave her a fright and for a minute my girlfriend was afraid that she would be denied entry. 

Did the officer give her any sort of verbal warning/lecture about visiting the USA too often?  What was the "fright" ?

 

23 minutes ago, Dan Gardner said:

Our first question is: how worried should we be that she may be denied based on too many frequent entries?

It can happen, yes, if the officer feels she is visiting too frequently---especially since she's travelled 3 times within the past 18 months.  With her last stay in the US being 12 weeks long, and then coming again to the US only a couple of months after, the officer may think her intention is to live in the USA using a tourist visa.

 

23 minutes ago, Dan Gardner said:

Secondly, if she is denied by the officer at the airport booth, is there any follow up by a superior, or is that it and she has to get out of the country? 

You can certainly ask to speak with the on-duty supervisor at the time, however it's unlikely they will override their co-worker, given the travel history.

 

 

Edited January 3, 2018 by Going through

[Hypnos 6,576]

Denials already have to signed off on by a supervisor, so there is no appeal to a higher authority at that time. 

[jle2234 68]

Your girlfriend is likely running in to issues because her multiple long stays imply that she has weak ties to her home country. Being able to frequently leave her home for extended periods implies that she does not have a job or living situation that requires her to be in China regularly. For example, individuals with more advanced careers, families depending on them, or the expenses of owning/renting a long-term home are typically not able to take multiple extended trips in a single year.

 

Your girlfriend's frequent trips also imply that something is drawing her to the United States (you); and, in theory, the more she visits, the stronger those ties are going to get. So border guards start to look at it like this: weak ties to China + growing ties to the U.S. = potential for her to stay in the U.S. illegally.

 

Your girlfriend can mitigate her chances of being denied entry to the U.S. by traveling with proof of ties to her home country, and being prepared to present them at the border if she is questioned. Such ties can include:

- An official letter from her employer stating that she has a steady job and is expected to return to work on a certain date

- If she is a student visiting you on her breaks, proof that she is enrolled in on-campus courses and is expected to return on a certain date

- Proof of assets in her home country that would not be easily abandoned (real estate, etc.)

 

It is also a good idea to travel with proof of a return flight, and any other documentation that may support her claim that she intends to return home. I once supported by ties to Canada by showing an invitation to my friend's upcoming wedding, on which I was listed as a bridesmaid.

 

Of course, your girlfriend will always be at risk of being denied entry, and her risk will only increase as she continues to visit.

Edited January 3, 2018 by jle2234

[Boiler 45,373]

What does she do that allows so much vacation?

[Dan Gardner 0]

13 hours ago, az2014 said:

When did she leave the US after her 12 week stay?

 

How long is she planning to stay in Feb?

She left in late September. So she'll be out of the country for 5 months. She's going to have a return ticket for about a 3 week stay.

[Dan Gardner 0]

11 hours ago, Boiler said:

What does she do that allows so much vacation?

She is a partner in an advertising firm. She can "work" from anywhere. I know, I don't get it either. Her "work" looks a lot like watching YouTube all day. :-)

 

We're also partners in a mobile app for the USA and China called RunPee: tells you the best time to run and pee during a movie without missing the best scenes.

[Dan Gardner 0]

11 hours ago, jle2234 said:

Your girlfriend is likely running in to issues because her multiple long stays imply that she has weak ties to her home country. Being able to frequently leave her home for extended periods implies that she does not have a job or living situation that requires her to be in China regularly. For example, individuals with more advanced careers, families depending on them, or the expenses of owning/renting a long-term home are typically not able to take multiple extended trips in a single year.

 

Your girlfriend's frequent trips also imply that something is drawing her to the United States (you); and, in theory, the more she visits, the stronger those ties are going to get. So border guards start to look at it like this: weak ties to China + growing ties to the U.S. = potential for her to stay in the U.S. illegally.

 

Your girlfriend can mitigate her chances of being denied entry to the U.S. by traveling with proof of ties to her home country, and being prepared to present them at the border if she is questioned. Such ties can include:

- An official letter from her employer stating that she has a steady job and is expected to return to work on a certain date

- If she is a student visiting you on her breaks, proof that she is enrolled in on-campus courses and is expected to return on a certain date

- Proof of assets in her home country that would not be easily abandoned (real estate, etc.)

 

It is also a good idea to travel with proof of a return flight, and any other documentation that may support her claim that she intends to return home. I once supported by ties to Canada by showing an invitation to my friend's upcoming wedding, on which I was listed as a bridesmaid.

 

Of course, your girlfriend will always be at risk of being denied entry, and her risk will only increase as she continues to visit.

Thanks. That's great advice about the ties to China. We'll make sure we have that.

 

 

[Boiler 45,373]

3 minutes ago, Dan Gardner said:

She is a partner in an advertising firm. She can "work" from anywhere. I know, I don't get it either. Her "work" looks a lot like watching YouTube all day. :-)

 

We're also partners in a mobile app for the USA and China called RunPee: tells you the best time to run and pee during a movie without missing the best scenes.

She can not work in the US.

[SusieQQQ 11,586]

8 minutes ago, Dan Gardner said:

 

 

We're also partners in a mobile app for the USA and China called RunPee: tells you the best time to run and pee during a movie without missing the best scenes.

[Boiler 45,373]

28 minutes ago, SusieQQQ said:

Does it work for Football games?

[WeGuyGal 1,052]

5 minutes ago, Boiler said:

Does it work for Football games?

Only if the games are fixed 

[Boiler 45,373]

8 minutes ago, WeGuyGal said:

Only if the games are fixed 

You win the prize for connecting the dots.