Chances of VWP denial at POA??

[MissKateJ 0]

Just curious i have entered the US 4 times in the past year for a total of 10 months, what are the chances of being denied at POE? Is it something common or are the chances fairly slim?

[TimeTravel 78]

As long as you follow the rules ( like you already did like that), then everything would be okay. But it is better to apply for tourist visa so it would let you to stay for more time.

[Touch of Treble 39]

Hi Miss Kate J,

if I read you right you have been in the USA on VWP for 10 months out of the last 12 months? That may raise an issue. They look for strong ties back to your home, like job, or children, or home, or something that proves your are still a resident of Aus, and only a short-term visitor to USA. 10 months out of 12, even legal via VWP could raise a flag...Do you have an alternative, or do you have strong provable ties to your home here? I'd be careful under those circumstances and travel well documented to prove I have a life here and only a visit there. Know what I mean?

[newlyweds2010 208]

I'm surprised they let you in on other occasions. 10 months out of 12 is pretty much like you live in the US and go back home on vacation...

[Moomin 292]

The thing is, if applying for a tourist visa and it's denied then VWP becomes useless. Besides, even if one has a tourist visa in hand it won't automatically guarantee being let in. The issue is having been in the US more time than the home country, and it takes just one CBP to notice that. A cooling off period to get some more time in the home country is probably what will be a solution - are you visiting your boyfriend in the US? Maybe he can visit you instead. But yes, strong, strong ties to Australia(school/job, home, financial responsibility - something that shows you have a stronger tie to Aus than to the US).

[MissKateJ 0]

It was in the period of two years and I have been back in Australia since May of this year, the length of time is what is making me think I might have issues this time around. Is it correct to say that the visa waiver is the only way I am able to enter the US I dont know of any other tourist visa that I would be able to get?

I obviously wasnt paying attention when writing my first post instead of a year it should say the past 2 years. My bad!

[Moomin 292]

Well, you can always try to apply for a tourist visa however if that's denied than you can no longer use the VWP. That is only if it's denied of course - you're completely free to apply for a tourist visa but even if you get approved it won't be easier getting into the US - people travelling on tourist visas are just as likely of either being admitted of refused entry as VWP's since they are still able to see your entry/exit in their system. The difference is(to my knowledge) that you're normally allowed to stay for a longer time than using the VWP.

A friend of mine did the same as you're doing and he brought his bank transcript showing how he'd support himself for the 3 months. He hasn't been back since but had no problem entering on VWP despite it was his 3rd trip within a year. All I'm saying is that some will get turned down, some won't It's completely up to the CBP to determine if your travel history looks fishy to them.

But if I was in your shoes I'd take the change - 10 months out of 2 years is still alot, hopefully staing in Aus since May has worked in your favor. There's not only one answer to your question - one CBP would probably have denied you entry the last time, another one not.

[Noah Lot 391]

Don't be surprised if you get denied entry next time....few people have jobs or studies that provide a 10 month out of 24 month vacation. Questions will eventually be asked....

[Barbara J 115]

It was in the period of two years and I have been back in Australia since May of this year, the length of time is what is making me think I might have issues this time around. Is it correct to say that the visa waiver is the only way I am able to enter the US I dont know of any other tourist visa that I would be able to get?

I obviously wasnt paying attention when writing my first post instead of a year it should say the past 2 years. My bad!

You can enter the USA on VWP as much as you like but you do have to space your trips out so it does not look suspicious as to what you are doing here. If you were here in May how long did you stay? the full 3 months? which means you left August? I would not come back till after new year to be on the safe side.

[MissKateJ 0]

You can enter the USA on VWP as much as you like but you do have to space your trips out so it does not look suspicious as to what you are doing here. If you were here in May how long did you stay? the full 3 months? which means you left August? I would not come back till after new year to be on the safe side.

I left in may after staying a full period of 90 days so I will have been gone for about 9 months when I return at the end of january

[MissKateJ 0]

Don't be surprised if you get denied entry next time....few people have jobs or studies that provide a 10 month out of 24 month vacation. Questions will eventually be asked....

I understand this but thankfully I have a fairly flexible low level job that allows me to basically pick and choose when and If I work, it also allows me to make above average wages. I do understand what you are saying though im sure they are less interested in what I can tell them and more so in what they will assume based on standards and past experiences.

[jojolicious 38]

I think they're more concerned with the length of time spent in the US rather than the number of trips. I don't think you should ever spend more than 6 months in one calendar year because then you'd have spent more time in the US than your home country, making the US your "residence".

Since you've been home for most of 2011, I think you should be fine travelling in 2012 but your entry is ultimately at the complete discretion of the CBP officer.

[Harsh_77 718]

This would still raise a flag to me out of 24 months if you have stayed in US for 10 months…. That’s practically you have stayed in US for 40% of time.

Even if you have a flexible job still VWP is for being a tourist and from your post and the time you spent it does not seem you are in US for tourism purpose only.

[Stu4Lee 66]

I entered on VWP at different POE in June 2010 for 85 days then March 2011 for 86 days, last time taken to secondary for a grilling. After several hours was eventually allowed in but told not to return this calendar year. In secondary were a number of people with 10yr tourist visas.

In theory you should be fine but you can never be 100% sure.

[KLS2010 30]

As others have mentioned - your being allowed into the US (either on VWP, or any type of visa for that matter) is completely at the discretion of the CPB officer.

I myself have been in a similar situation to you. I spent roughly 10 and a half months in the US on VWP between March '09 and Feb '11. I have been allowed back in the US on numerous occasions after only having been back in Australia for roughly a month between trips. And in 2010 I made three separate trips! I have never been asked anything more than the standard questions by CPB officers (ie purpose of visit, length of stay, how many times have you been in the US, where will you be, etc).

My opinion is (and this is just my opinion!) that based on the fact that you will have been back in Australia for nearly 9mths before your next trip - you shouldn't have any problems. But of course - I wont be your CPB officer! There is ALWAYS a chance that you will be pulled in for secondary questioning and/or denied entry.