Quick question on the VWP and warnings

[grumpybrit 22]

14 minutes ago, f f said:

are they helping care for the grand child? watching it when you go out or doing any regular activities with the child?

This is an excellent point. There is a thread somewhere else on this forum where Grandparents were barred from entry as they were providing "child care services" and this was seen as working illegally.

[geowrian 22,335]

3 minutes ago, grumpybrit said:

This is an excellent point. There is a thread somewhere else on this forum where Grandparents were barred from entry as they were providing "child care services" and this was seen as working illegally.

Yup, this comes up quite often here, and is likely why the recently travel is drawing more attention. It's a fine line between watching a kid while somebody goes out occasionally versus providing childcare services that are normally conducted by an employee (sitter/nanny/etc.).

Edited August 18, 2017 by geowrian

[8bit_Theatre 64]

1 hour ago, f f said:

are they helping care for the grand child? watching it when you go out or doing any regular activities with the child?

No not really. I work full time, but my wife is at home with the child everyday.  The first visit was prior to and at the birth / Christmas. Second visit was for easter, third visit was for 4th of july. Current visit is actually eclipse related.

Edited August 18, 2017 by 8bit_Theatre

[Sukie 1,439]

OP - a warning is definitely something to pay attention to.  We also were "warned" during our process prior to Green Card.  My girlfriend (now spouse) was never staying more than about 80 days, but she returned to Australia for only six-eight weeks before she came again.  On the third time she came, the officer (who was stern, but not grumpy) warned her and said she was "abusing" the VWP.

 

Scared the dickens out of her (she was in tears after she came out of questioning). 

 

So heed the warning.   The 2:1 ratio is not set in stone, but it's a good benchmark.  2 months in the US?  Then 4 months in Britain before trying again.

 

Sorry for heavy news, but we've been there, and we took them very, very seriously.

 

Sukie in NY

[caliliving 606]

Well do the parents remember if they typed anything in the computer? if they are flagged they will have problems.  they are coming for long times! if it was 2 week trips, that would be a different story.  they leave september? they should spend 6 months back in the UK. unfortunately, the christmas trip is pushing it and i really REALLY think it is a bad idea! 

[8bit_Theatre 64]

7 minutes ago, caliliving said:

Well do the parents remember if they typed anything in the computer? if they are flagged they will have problems.  they are coming for long times! if it was 2 week trips, that would be a different story.  they leave september? they should spend 6 months back in the UK. unfortunately, the christmas trip is pushing it and i really REALLY think it is a bad idea! 

I've asked. I'll see what they say. I've passed along all the info from this thread, i'm not sure what they will do. Unfortunately we can't fly out there yet for Christmas. Maybe it should be a Vancouver Christmas haha.

[8bit_Theatre 64]

No typing was done.

 

He said she was scrutinizing everyone that was in front of them as well and that they had heard a number of "warnings" for different things before it was their turn, whereas the other lines were moving about twice as fast.

[caliliving 606]

22 minutes ago, 8bit_Theatre said:

No typing was done.

 

He said she was scrutinizing everyone that was in front of them as well and that they had heard a number of "warnings" for different things before it was their turn, whereas the other lines were moving about twice as fast.

If no typing was done u should be ok just more careful! Perhaps a shorter trip next time...i assume if the warning wasn't recorded u would get another warning next time. Nothing is ever a guarantee tho

[JFH 12,189]

2 hours ago, 8bit_Theatre said:

No typing was done.

 

He said she was scrutinizing everyone that was in front of them as well and that they had heard a number of "warnings" for different things before it was their turn, whereas the other lines were moving about twice as fast.

The typing may have been done after they left the desk and before the next person was called forward. CBP have every right to "warn" people about various things (although why your in-laws were so focused on other people's discussions with the desk agents is another matter) relating to immigration. Only USCs have the right to enter the country. Everyone else, your in-laws included,  must request permission and understand that the permission can be denied at any time. Are they retired? A B-2 for longer stays might be more appropriate. Many retirees from VWP countries have had success with B-2 applications. 

[JoannaV 173]

Personally, I would come at Christmas but make it a short trip.

 

I spent 197 days out of 303 in the US on the VWP, over 5 trips. (This was in 2009.) Obviously not recommending that for your parents' situation. ;-) The immigration officials seemed okay with me visiting so much given that I would soon be receiving an immigrant visa. When I arrived on my 4th trip, which was for 89 days, the official warned me that if I kept visiting so frequently I might be denied entry in the future. That made me more anxious about the traveling thing so after that trip I spent a whole five weeks back in the UK, before returning for my final six week trip. I can't even recall that entry, there was no trouble at all and no extra questioning. So in that case the warning did not mean increased scrutiny on future trips.

[Boiler 43,361]

What do they do that allows so much holiday.

 

Time to give it a rest, losing their VWP privileges would be very bad news, perhaps you can visit.

[Michael2017 368]

I think they will be fine if they come for a short visit during Xmas. Normally what I have seen is that people get a reduced admission first.

If they really think there is a problem, they would have admitted them for e.g. 20 days not 90 days. If they got the full 90 days, things should not be that critical yet. Maybe for Xmas they will be admitted only for a couple of days and not the full 90 days.

[Boiler 43,361]

VWP is 90 days or nothing.

[Michael2017 368]

Just now, Boiler said:

VWP is 90 days or nothing.

No, totally wrong. Have friends who got 2 weeks plus warning. Also many times mentioned in forums. The CBP decides the time!

[Boiler 43,361]

90 days or nothing, look it up.

 

May have been paroled.