Worried about being denied entry with valid ESTA

[Noem 0]

Hi,

 

So my friend and I are traveling to the US soon for vacation. We both have approved ESTAs but we're getting a bit nervous that she might get denied entry because she has travelled there a lot, mostly transfer flights but she did two 2 and a half months stays in the last 6 months, so she's never overstayed but the last two times she entered they started to question why she was traveling there so much. Like last time she was doing a road trip, she just enjoys exploring!

 

Can they deny her entry even though she's technically not done anything wrong? Can you spend too much time there so they won't let you in? Could she just get a new passport with no stamps in it so they won't question why she's traveling there so much? 

[Roel 7,193]

Changing passports won't help at all. They have all her info in their systems. Including all her travels. 

 

Yes she can be denied entry. Everyone can be denied entry if border officers will find something they think is suspicious.  Approved ESTA doesn't guarantee entry to the USA. 

[TNJ17 1,329]

Haha. That is hilarious. You don’t think they keep track in their systems and they can see your whole life story when you arrive no matter what passport you have?!? 

 

She can can be denied entry. Anyone can. She needs to convince the officer that she is returning to her home country. She should be prepared with paperwork proving her ties to her home country in case she needs to make a convincing case. 

[SusieQQQ 11,587]

21 minutes ago, Noem said:

Hi,

 

 

 

Can they deny her entry even though she's technically not done anything wrong? Can you spend too much time there so they won't let you in? Could she just get a new passport with no stamps in it so they won't question why she's traveling there so much? 

Yes, yes and no. Do you think they have no computer systems?! Or that the fingerprints they take aren’t used for anything?! 

 

if they’ve actually already asked her why she’s spending so much time there, combined with the travel history you outlined, 5 out of the last 6 months in the US, I personally think there’s a high chance of being refused entry. Tourists are supposed to spend significantly more time outside the US than in it. Spending so much time away from home implies ties to home are weak too.

Edited March 11, 2018 by SusieQQQ

[Boiler 45,932]

They might wonder what she does that gives her so much holiday.

[8329843mc2398cmx 1]

She could be denied, but I've spent 5 months or just under in the US before in one year on my ESTA (two separate times, did not overstay obviously as that is a breech of the ESTA), I was taken to secondary passport control, explained why I was there (to see my boyfriend) and explained I had to return to the UK after to continue with my university degree. If she's not there for work/immigration purposes she just needs to prove that :)! Bring evidence of rent in the home country/work contracts/phone contracts literally anything that ties her to her home country and shows that she must return. Don't worry about it too much but make sure you're prepared to show and answer whatever the officer asks! Good luck :). Oh and also showing an itinerary helps! The officer interviewing me softened up when I showed him we had plans of going to Hawaii/Florida/New York etc, rather than just me staying at my boyfriends apartment!

Edited March 11, 2018 by jijiji

[Brittani 484]

32 minutes ago, Noem said:

Hi,

 

So my friend and I are traveling to the US soon for vacation. We both have approved ESTAs but we're getting a bit nervous that she might get denied entry because she has travelled there a lot, mostly transfer flights but she did two 2 and a half months stays in the last 6 months, so she's never overstayed but the last two times she entered they started to question why she was traveling there so much. Like last time she was doing a road trip, she just enjoys exploring!

 

Can they deny her entry even though she's technically not done anything wrong? Can you spend too much time there so they won't let you in? Could she just get a new passport with no stamps in it so they won't question why she's traveling there so much? 

Yes, it's a huge possibility. My fiance and I are currently doing the K1 visa and it's in process. He has visited me several times on an esta since May 2015. He's never stayed over 90 days. Well they detained him the last time he visited me. They claimed he stayed more than 6 months last year not at a time but in  all..he didn't by the way. It was just under 6 months and over 5 months. The officer told me the only reason they did not send him back to UK then is the next flight was the next day and I think he took pitty because I was crying on the phone when he called. He told him not to come back until the K1 has been issued. So he did absolutely nothing wrong but he was almost denied entry. So to answer your question..they absolutely can if you've nothing wrong. It's very unfair but unfortunately they don't give a damn. Best of luck!

[Boiler 45,932]

Another way of looking it is that he has been pretty much living in the US as a 'visitor' and they still let him in.

[SusieQQQ 11,587]

19 minutes ago, jijiji said:

She could be denied, but I've spent 5 months or just under in the US before in one year on my ESTA (two separate times, did not overstay obviously as that is a breech of the ESTA), I was taken to secondary passport control, explained why I was there (to see my boyfriend) and explained I had to return to the UK after to continue with my university degree. If she's not there for work/immigration purposes she just needs to prove that :)! Bring evidence of rent in the home country/work contracts/phone contracts literally anything that ties her to her home country and shows that she must return. Don't worry about it too much but make sure you're prepared to show and answer whatever the officer asks! Good luck :). Oh and also showing an itinerary helps! The officer interviewing me softened up when I showed him we had plans of going to Hawaii/Florida/New York etc, rather than just me staying at my boyfriends apartment!

5 months out of a year and 5 months out of 6 are not quite the same thing though. One is less than half, one is most of the time, and she’s already spent 5 months out of 6 there and now wants to go back again. And as boiler says, would be interesting to know what she does that allows her so much time away and still funds her travels (they mentioned road trip not staying at friends). Can’t be a student. Can’t have a serious job. 

Edited March 11, 2018 by SusieQQQ

[TNJ17 1,329]

27 minutes ago, Brittani said:

Yes, it's a huge possibility. My fiance and I are currently doing the K1 visa and it's in process. He has visited me several times on an esta since May 2015. He's never stayed over 90 days. Well they detained him the last time he visited me. They claimed he stayed more than 6 months last year not at a time but in  all..he didn't by the way. It was just under 6 months and over 5 months. The officer told me the only reason they did not send him back to UK then is the next flight was the next day and I think he took pitty because I was crying on the phone when he called. He told him not to come back until the K1 has been issued. So he did absolutely nothing wrong but he was almost denied entry. So to answer your question..they absolutely can if you've nothing wrong. It's very unfair but unfortunately they don't give a damn. Best of luck!

Your situation is completely different than what the OP is describing. Whether your fiancé did nothing wrong or not was not the reason why he was called into secondary and questioned so much. They did that because he had an active immigrant petition in progress and they were probably thinking he was just gonna bypass everything and come in on an esta, get married, adjust status, and forget about K1. OP is talking about a tourist with no active immigrant petitions to the US. Just a lot of traveling. 

[Brittani 484]

4 minutes ago, TNJ17 said:

Your situation is completely different than what the OP is describing. Whether your fiancé did nothing wrong or not was not the reason why he was called into secondary and questioned so much. They did that because he had an active immigrant petition in progress and they were probably thinking he was just gonna bypass everything and come in on an esta, get married, adjust status, and forget about K1. OP is talking about a tourist with no active immigrant petitions to the US. Just a lot of traveling. 

I understand that. I was sharing our experience to show that it doesn't matter if the person does nothing wrong it could still happen.

[TNJ17 1,329]

8 minutes ago, Brittani said:

I understand that. I was sharing our experience to show that it doesn't matter if the person does nothing wrong it could still happen.

I get that you’re sharing but you do get there was a reason why your fiancé was scrutinized right? And that it’s completely different from what would happen to this person shall they be scrutinized at POE?

[Brittani 484]

Just now, TNJ17 said:

I get that you’re sharing but you do get there was a reason why your fiancé was scrutinized right? And that it’s completely different from what would happen to this person shall they be scrutinized at POE?

YES lol I understand that. I understand the scenarios are totally different. Like I said I was just sharing our experience explaining sometimes things that are unfair can happen at POE and before you reply back let me repeat myself again. I understand...again I was only sharing because sometimes people are unfairly stopped. I'm not sure how much more clear I can be....

[SusieQQQ 11,587]

14 minutes ago, Brittani said:

I understand that. I was sharing our experience to show that it doesn't matter if the person does nothing wrong it could still happen.

I think OP may be confused as to what “nothing wrong” means to a CBP officer!

OP means no breaking of law, no overstay etc. nothing technically wrong. A CBP officer will however consider it “wrong” if a person is seen to be abusing their ESTA or visa to be spending more time in than out of the US. 

 

1 minute ago, Brittani said:

 sometimes things that are unfair can happen at POE 

“Unfairness” is in the eye of the beholder... see above re CBP perceptions of things. 

[SusieQQQ 11,587]

1 hour ago, Noem said:

 

 

 Could she just get a new passport with no stamps in it so they won't question why she's traveling there so much? 

And on second thoughts this seems like an extreme solution to wanting to travel somewhere that someone has already spent so much time in, ostensibly just for a short holiday.

yet again I suspect we are getting less than the full story here on VJ....