Repeated US visits on Visa Waiver Progam??

[Guest]

My parents being immigrants from a wealthy western European country, I have a lot of cousins come to visit. My father passed away two weeks ago, and one, a former airline stewardess with travel benefits, came over to help. It was only her second visit to the US this year, and the immigration officer asked her why she was back in the US so soon. Another cousin who came to the US for the 3rd time was told that this was the last time he could come to the US on the visa waiver program. Yet I do notice a number of escorts seem to come in from VWP countries multiple times during a year. What's the scoop?

[Guest greatness]

May your father rest in peace. I send you my condolences.

[+ glutes]

Depends on the ICE Agent they get, and agents are trained to ask just such questions.

[Guest socal30]

My parents being immigrants from a wealthy western European country, I have a lot of cousins come to visit. My father passed away two weeks ago, and one, a former airline stewardess with travel benefits, came over to help. It was only her second visit to the US this year, and the immigration officer asked her why she was back in the US so soon. Another cousin who came to the US for the 3rd time was told that this was the last time he could come to the US on the visa waiver program. Yet I do notice a number of escorts seem to come in from VWP countries multiple times during a year. What's the scoop?

 

Just luck of the draw. Even if you have a valid visa, CBP can deny you entry. They don't have to provide you with any reason. I have been told that there is a maximum 180 days per year stay in a year-you have to do it in 90 day chunks and back. But I can't verify that information.

 

Did the officer tell your cousin why? They do try and weed out folks who they think are coming here to work under the table-although how they determine that in a few minutes encounter- I do not know.

 

An escort staying for a few days or a week and leaving is different than someone who comes and stays for say 80-90 days at a time. Just speculating though !

[JT Brooklyn]

Unicorn..My Condolences also to you.

[+ kontor1]

I am sorry but what "socal30" is stating is incorrect.

Under the Visa Waiver Program you are allowed to stay up to 90 days and repeated entries under the VWP within a short amount of time raise red flags with immigration. The borders are now more strict than ever!

 

Dear "Unicorn" ... Trust me, when I say that even escorts have a hard time now entering the USA often... I personally know escort guys who have been told the same thing so they now have to cut their number of visits to the USA. It is not just your parents and relatives they do it to...

And what's socal30 is wrong about is the following:

People entering under the VWP can be denied to enter the USA and they do not even have to explain why. BUT!

PEOPLE who hold VALID visa (whether it is a tourist, business, fiancee visa) CAN ONLY be denied entering the USA if the Department of Homeland Security has ANY kind of EVIDENCE and/or in some cases probable cause that could result of detaining/interrogating/prosecuting the individual. Meaning:

- If you commited a crime and any kind of law enforcement agency is looking for you, that can be one reason to detain you and keep you for questioning which later can be a result of forcing you out of the country.

- If you commited a crime, regardless of the outcome in a court of law they can deny your entry to the USA as they suspect that you are entering the USA to attempt to commit another crime.

- If you got your VISA or your VWP permit and you commited a crime in your home country (or anywhere else) AFTER you got this document in most cases the Department of Homeland security will know and that can be another reason for denying your entry.

- Denying entry can be a result of overstaying the last time you were in the USA. It never matters what your visa says, what matters is what's stamped into your I-94 form. Just because you have let's say a valid tourist visa that generally allows you to stay in the USA up to 6 months, the CBP officer has the outmost right to decide for how long he/she is willing to admit you each and every time you enter the USA. If they see that your stay is only reasonable for a shorter amount of time (like 3 months) and they stamp 3 months into your I-94 form then that is the longest time you are allowed to stay. Some officers will stamp you the allowed 6 months... It is up to each and every individual at CBP to decide and you have no right to appeal against the decision. So always make sure you stay as long as you are allowed to according to your I-94 form.

- Denying entry for valid Visa holder can also be a reason if you did not properly surrender your I-94 form when you left the country last time. If the CBP can not verify exactly on what specific date you left the country last time you were here then it takes extra efforts to prove that and it is pretty difficult sometimes. That's another ground for a red flag/denying your entry.

- CBP can also deny entry if they suspect that you are under the influence of durgs or some other prohibited medication.

- Denying entry for valid visa holder can also be a reason if the first CBP officer's questions and your answers do not make any sense and he refers you to secondary inspection. They say it is random and they are right (about 15% of the times... other 85% of the times it is not random at all)... Once you enter the secondary inspection area you have to face with some serious legal issues:

 

Upon entering the secondary inspection area you have to know that REGARDLESS OF YOUR LEGAL STATUS IN THE USA (VWP, visa holder, permanent resident, US citizen(!) ):

- You have NO CONSTITUTIONAL RIGHTS - thanks to the Patriot Act!

- You are NOT entitled for an attorney as the USA law is not YET applicable to you because you have NOT been admitted to the US soil YET! (tricky, huh?)

- You have no constitutional rights and you can NOT refuse to answer to ANY questions.

- There is no such a thing as too personal at a time of secondary inspection. The agent can ask your intim size and you are still not allowed to refuse to answer. Of course this example is exxagerated. If you feel like you have been treated with no dignity (it can happen, most recent experiences/stories proved that DFW (Dallas) and DTW (Detroit) are well-known for taking down even people who have no bad intention at all but they just love to show you how powerful they are) then you are allowed to ask for a PSR /Passenger Service Representative - most airports have one/ or a supervisor /do not expect too much help from him/her either at the airports mentioned above/. Rest assure that if you ask for one of these people (supervisor or PSR) it will take a loooong time to get one and you will miss your connecting flight - if you had one!

- If the CBP officer catches you on lying he can automatically prosecute you for lying to a Federal authority/agent. (not fun!) Be aware that people at the secondary inspection are very well trained individuals who know a lot about psychology and you bet that they have so many twisted questions that if you do not pay attention closely you can easily wind up in jail.

- The CBP has full authority to search your belongings and your checked bags. They can also open everything and even take pictures of all the objects found (even if it is not an illegal material).

- CBP has also have the full authority to keep you as long as they feel like. No joke, under the patriot act even US citizens can be kept for as long as the CBP decides to hold them. They can hold you for years(!) and they do not even have to charge you with ANYTHING(!) .. scary... and you think this could never happen to anyone... well it did! The one AND ONLY (!) difference upon trying to enter the USA in between VWP,VISA holder,permanent residents AND US CITIZENS is that US CITIZENS CAN NEVER BE DENIED TO ENTER THE USA - but of course they can be referred to secondary, detained, interrogated and/or prosecuted.

- Thanks to the Patriot Act, if you have a laptop OR any kind of digital media, it can be TAKEN AWAY and the CBP is NOT obligated to give it back to you within a specific amount of time. If they decide to keep it for 8 years, 3 months and 4 days then that's when you will get it back. They personally care less that you need your laptop and all the information for your work!

 

But at the end of the day, that's still the BEST COUNTRY IN THE WORLD and I am happy to be a part of it... You just gotta be smart and live your life that way!

 

BTW, "socal30" ----> as a personal opinion... no escort would pay $1,000-1,400 to fly the USA for a few days or a week (not to mention the cost of living (accommodation, food...etc) .

 

I hope this helped answering your question(s), if you have any questions regarding to immigration/CBP or DHS in general, feel free to ask and I will do my best to answer it however I will not have much time but will try to check upon this forum

[Guest socal30]

I think we are discussing two different things. The VWP is for 90 days maximum. No extension for that and you have to leave the country. What I said in my post, is that I heard that on top of that,there is a maximum 180 day stay in a year-so you would have to leave and come back-even if you did, that would be the max. Now as I mentioned, that is what I heard,but I could not verify that 180 day thing anywhere.

 

The tourist visa is another thing altogether. They do give you a one time 6 month visa or a 10 year multiple entry visa(the duration of multiple entry may vary by country) where you are allowed to come in and stay six months at a time. Yes CBP will stamp the number of days allowed despite what the consulate/visa says.

 

But CBP can and does deny people for the most obscure reasons. people that I know of who have been coming here for years and going back promptly have been denied and sent back at port of entry. It really is the luck of the draw on which officer you get . My point is, just because you got a visa , that does not give you the "right" to enter the country. CBP can deny you and there is nothing you can do about it. They don't have to give you a reason and it is not like they are going to let you in and you can appeal it up to the supreme court. I do know of at least two people who have come here often and were denied, detained and shipped back-now both don't speak English-but everything was in order and fine. No reason given-they don't owe you an explanation, unless you are a US citizen. But there is no law that compels CBP to allow someone to enter the country just because their visa is valid and evrything is in order. If they have suspicions, they can deny you and don't need proof.

 

CBP also has the same power 100 mi from the border. You won't see this as much in the Canadian border, but in areas close to the Mexican border-that is a whole different ball game. As for the escorts-I do not know the economics. As I said, I was speculating as to why the OP's cousin got denied.

[Guest greatness]

oh my PeterHung. You are an expert on this topic. Sweet and smart~~~ Kisses and hugs

[Mark Gordon]

as a personal opinion... no escort would pay $1,000-1,400 to fly the USA for a few days or a week (not to mention the cost of living (accommodation, food...etc) .

 

I always make short duration trips to the USA. Prices for cross-border flights are only moderately higher than for domestic flights. I can fly direct to many US cities for under $500 return, or I can take the bus to Buffalo and fly domestic from there. Train, bus and car travel from Canada to the US costs much the same as Canada or US domestic travel. I can take the train to Detroit for $120 return or NYC for $220. Short duration trips to the USA definitely are viable.

[Steven_Draker]

As I said, I was speculating as to why the OP's cousin got denied.

 

From what I read, I don't think that the OP's cousin was denied entry to the US. He was 'warned' that this would be the last time he enters the country on the Visa Waiver Program.

 

I think we are discussing two different things.

 

You may be discussing two different things, however one may be the solution of the other. If Unicorn's cousin decides to consult an immigration attorney, he'll be advised to get a B-2 Visa thru the US Consulate in his country of residence. http://travel.state.gov/visa/temp/types/types_1286.html

[+ glutes]

Unicorn, you might want to ask your question over at http://www.flyertalk.com/...

[+ kontor1]

I think we are discussing two different things. The VWP is for 90 days maximum. No extension for that and you have to leave the country. What I said in my post, is that I heard that on top of that,there is a maximum 180 day stay in a year-so you would have to leave and come back-even if you did, that would be the max. Now as I mentioned, that is what I heard,but I could not verify that 180 day thing anywhere.

 

The tourist visa is another thing altogether. They do give you a one time 6 month visa or a 10 year multiple entry visa(the duration of multiple entry may vary by country) where you are allowed to come in and stay six months at a time. Yes CBP will stamp the number of days allowed despite what the consulate/visa says.

 

But CBP can and does deny people for the most obscure reasons. people that I know of who have been coming here for years and going back promptly have been denied and sent back at port of entry. It really is the luck of the draw on which officer you get . My point is, just because you got a visa , that does not give you the "right" to enter the country. CBP can deny you and there is nothing you can do about it. They don't have to give you a reason and it is not like they are going to let you in and you can appeal it up to the supreme court. I do know of at least two people who have come here often and were denied, detained and shipped back-now both don't speak English-but everything was in order and fine. No reason given-they don't owe you an explanation, unless you are a US citizen. But there is no law that compels CBP to allow someone to enter the country just because their visa is valid and evrything is in order. If they have suspicions, they can deny you and don't need proof.

 

CBP also has the same power 100 mi from the border. You won't see this as much in the Canadian border, but in areas close to the Mexican border-that is a whole different ball game. As for the escorts-I do not know the economics. As I said, I was speculating as to why the OP's cousin got denied.

 

Socal30 : Thanks for making yourself clear... many things make sense now!

Just to be your "verbal enemy"

"No reason given-they don't owe you an explanation, unless you are a US citizen."

As I said , they can - under no circumstances - deny an entry of a US citizen!

 

Take care and wish you the very best!

[+ kontor1]

I always make short duration trips to the USA. Prices for cross-border flights are only moderately higher than for domestic flights. I can fly direct to many US cities for under $500 return, or I can take the bus to Buffalo and fly domestic from there. Train, bus and car travel from Canada to the US costs much the same as Canada or US domestic travel. I can take the train to Detroit for $120 return or NYC for $220. Short duration trips to the USA definitely are viable.

 

Dear Mark Gordon,

 

I was not talking about escorts from the surrounding countries like Canada. I was talking about escorts from European countries... Good luck with finding an airfare roundtrip under $300 If you can, it is my bad and please send me the website/airline company's name coz I will be flying with them from now on

[Guest]

From what I read, I don't think that the OP's cousin was denied entry to the US. He was 'warned' that this would be the last time he enters the country on the Visa Waiver Program.[/color]

 

 

 

You may be discussing two different things, however one may be the solution of the other. If Unicorn's cousin decides to consult an immigration attorney, he'll be advised to get a B-2 Visa thru the US Consulate in his country of residence. http://travel.state.gov/visa/temp/types/types_1286.html

 

Yes, you are right. The first cousin I discussed had always stayed within the confines of his visa, although he has come quite a few times over the years. My mother often takes care of him. The second cousin (on my father's side, obviously) had only been to the US fairly briefly (2-3 weeks) once this year, and I felt it was a bit bizarre that she was quizzed about being "back so soon." I didn't realize that even if one has a valid tourist visa, that a CBP officer can over-ride a visa decision issued by an embassy or consulate in the absence of new adverse information not available to the consulate, such as a new crime. So perhaps even getting a B-2 visa wouldn't be sufficient for the first cousin?? One would think that the embassies and consulates would have more time to make appropriate decisions in vetting potential travelers.

Interestingly, probably the most difficult country for US citizens to get into is Canada. My US Refugee Travel Document-holding partner and I have been to Canada twice in the last two years, because it's one of the countries for which he doesn't need a visa (Mexico and Germany are two others--although, strangely enough, not other Schengen countries). The first time we flew into Buffalo and drove to Niagara Falls and had to discuss our itinerary (hotels, etc.) in the secondary inspection area. I think part of the problem was that we drove across after midnight (our plane was 2 hours late). And yes, when we flew from Buffalo back to Philly, we had to show our Passport Card and Permanent Resident card to BCIS at the Buffalo airport to get to our plane. I again had to go through our whole itinerary to the immigration officer when we flew into Calgary in August, although thankfully not in the secondary inspection area. I haven't had to go through this in my travels to any of the other 50-odd foreign countries I've visited. The strangest thing is that in most places between Canada and the US, one could just walk across if one really wanted to (well, not across the raging Niagara River, obviously).