Entering on ESTA / VWP while unemployed, should I shorten my stay?

[CakeQuests 0]

Hello,

 

For the past 8 years, I have been visiting my girlfriend (dual citizenship USA/EU) for stays of up to 3 week at a time using ESTA, except for one J1 exchange that lasted one semester.
I never had any trouble going through CBP questioning, either as a student or, more recently employed as a PhD researcher.

 

However after four years of working in research, I burned out and quit my job in September.
I am in the process of switching to another career but remain unemployed at the moment and thought that was a good occasion to catch up some time with my girlfriend,

whom I haven't seen in person since lock-downs began in March 2020, so I booked tickets for a three months stay in the US.

 

I am now concerned that my situation will raise red flags at the border due to long stay plus no employment.

My question is: would reducing the duration of my stay (1 month?) actually reduce the risk of getting denied entry?

My concern is that even if I do change tickets, the officer will have a record of my previous booking corresponding to a 3 month stay and find the modification suspicious.

 

Many thanks in advance for any help!

Edited November 4, 2021 by CakeQuests

[arken 4,197]

1 hour ago, CakeQuests said:

My concern is that even if I do change tickets, the officer will have a record of my previous booking corresponding to a 3 month stay and find the modification suspicious.

I doubt they'll look into that much detail even if they ask to see the return ticket which they may not even care.

 

If you were to allowed entry, i don't think 1 month or 3 month trip will decide the fate.

[canadian_wife 1,822]

Agree,

 

What else do you have to show strong ties?  A common question "how can you take 3 months off of your job", your answer "I quit my job".  So what else can you show that you must return?

 

Good luck 

[Gatekeeper 35]

You can use other proofs that you have strong ties to your home country and have no intent to immigrate. For instance, you can bring a copy of your lease agreement in home country, copy of any important/official appointment you may have upon your return, copy of your bank account in your home country, maybe your last tax return with your current address, utility bills etc… (ideally, have all this translated in English).

 

Beside, if you always left the US “on time” before, never overstayed etc…this may be a positive factor for you when the CBP officer looks at your case.

 

Good luck!

[CakeQuests 0]

Thank you all for your comments.

Unfortunately, the phd contract ended eleven months ago, and I kept on working on my thesis without pay, from my parents place.

So at the moment I have no lease, no salary and no job, except for private math lessons, for a few hours a week.

 

Thanks to money kept aside, I am able to support myself, but I clearly do not have very strong ties at the moment.
While I am trying to apply to as many jobs as possible in order to demonstrate my intent to return home, I suppose that does not really count in their eyes.

 

3 hours ago, arken said:

If you were to allowed entry, i don't think 1 month or 3 month trip will decide the fate.

In the past, CBP officers typically have not asked much about my job, but I suppose three months vacation is bound to raise questions, whereas one month may still pass as casual enough?

[SalishSea 17,828]

So do you plan to try to adjust status?  Is your GF going to petition you for an immigrant visa?

 

I agree that your ties to home seem minimal.  If you want to stay, you need to be petitioned for the proper visa.

[CakeQuests 0]

No, I do not intend to stay for more than three months.

What I would like to do is visit my girlfriend while I am in the process of searching for a job in my home country, and return to that.

[Boiler 45,486]

VWP is 90 days and it is not recommended to leave it that tight.

 

Going on a long holiday to search for jobs may sound contra logical.

[arken 4,197]

How long are you planning to stay, Sir?

"I want to look at the christmas tree at Rockefeller Center and witness the the ball drop at Times Square on NY Eve before I head back home" might seal the deal.

[CakeQuests 0]

11 hours ago, Boiler said:

VWP is 90 days and it is not recommended to leave it that tight.

So reducing my stay to 30 days would help, wouldn't it?

 

Quote

Going on a long holiday to search for jobs may sound contra logical.

I suppose you mean because I cannot attend job interviews.
But in the field I am applying to, it is standard to conduct phone/visioconference interviews.
I figured that in the event that I am accepted and cannot negotiate a start date that falls after my scheduled return, I can always exchange my return ticket for an earlier one.

Edited November 5, 2021 by CakeQuests
clarity

[CakeQuests 0]

As a follow-up, for future reference,  I did end-up shortening my stay to two weeks only and was only asked basic questions as usual. CBP officer let me in.

No way to tell what would have happened if I had kept my original tickets.