Going Back.. Odds of not getting pass PoE

[rabbitt1009 0]

Hi guys,

Just a few questions regarding when I should return to the US. Here's my story, please read on. I really need your help

I'm Filipino with a B2 visa that allows me multiple entries to the US for 10 years.

I went to the US to visit my parents who live in Rochester, NY.

I left for the US on September 12, 2012 (with a return flight on October 5, 2012).

My PoE was in JFK, the Immigration Officer asked me how long I was planning to stay and I initially said three weeks, since it was my intent to leave after I've spent quality time with my parents. She gave me a return date which was March 11, 2013.

However since it was my first time to visit the US, and because of my mom's request, and because I wanted to see and feel the sights and sounds of the US, I used up the 6 months allotted for B2 visa-holders. I went back to the Philippines on March 6, 2013 (just 5 days away from the return date provided by the officer)

During my stay there, I did not try to look for a job, much less even work part-time or under the table. I just stayed with my parents and they were the ones who shouldered ALL of my expenses. We traveled to different states - Delaware, Pennsylvania, Florida and to NYC - all the while, still having my parents fend for me.

I do not have any plans of being an immigrant because I love my home country. I do, however, want to visit my parents during the holidays.

I'm planning to visit them again by December of this year, and go back after the New Year's. That's around 9 months after my flight back. I heard that there's a "6 month in - 6 month out" rule with US immigration.

My reason for posting in this forum would be:

a.) Will I be denied entry to the US and even sent back home if I decide to visit my family by December of this year (that's around 9 months after my previous trip)?

b.) Will I need documentation to show the next officer in my PoE that I really did stay with my parents and they shouldered all of my expenses and I did not acquire any jobs nor did I look for work during my stay when I get back by December of this year?

c.) If I shouldn't be traveling by December of this year to go back, when would be the next time I should go back?

d.) How long should I visit again once I get back to the Philippines?

e.) A friend told me that customs officers in Los Angeles Airport, are very friendly to Filipinos who visit because of the huge Filipino population there. Is this true? Because if it is, I might make it my PoE.

I have friends who were also given B2 visas with multiple entries for 10 yrs, however, they were grilled in customs when they went back to the US, even if they did not overstay the 6 month timeframe.

I am very confused. Please help! I will wait for all of your advice before I purchase a roundtrip ticket.

[canadian_wife 1,823]

a) No one here can ensure your entry into the US, after spending 6 months in the US, what ties do you have to PI to show that you must return?

b)Possibly, they may ask you for that.

c) Any time after '6 months out' is typically a good rule, but they can still deny you entry

d) that is up to you

e) You can check the POE reviews but I doubt they favour PI citizens...that isn't exactly fair is it?

good luck

[rabbitt1009 0]

a) No one here can ensure your entry into the US, after spending 6 months in the US, what ties do you have to PI to show that you must return?

b)Possibly, they may ask you for that.

c) Any time after '6 months out' is typically a good rule, but they can still deny you entry

d) that is up to you

e) You can check the POE reviews but I doubt they favour PI citizens...that isn't exactly fair is it?

good luck

Thanks for the quick reply... uggghh... I'm now worried... I shouldn't have stayed for 6 months, actually 174 days to be exact, in the US even if the CBP officer gave me 180 days of stay.

yeah that's what I thought to with my e.) question .. it really wouldn't be fair...

well, I am renting an apartment and it's lease-to-own, paying this apartment for 2 more years then it's mine. I also have work and would apply for a month leave just to visit my parents. Should I bring docs related to my "strong ties" here in the PI too?

when is a really good length of being away from the US so that I may not be questioned nor grilled by the CBP? On my first trip, the officer just asked 2 questions: who I'm staying with and how long i'll be staying. How long do I have to wait for them to be nonchalant with me again at the PoE? a year? two years?

Edited March 20, 2013 by rabbitt1009

[jaycali 415]

I heard that there's a "6 month in - 6 month out" rule with US immigration. My reason for posting in this forum would be:a.) Will I be denied entry to the US and even sent back home if I decide to visit my family by December of this year (that's around 9 months after my previous trip)? b.) Will I need documentation to show the next officer in my PoE that I really did stay with my parents and they shouldered all of my expenses and I did not acquire any jobs nor did I look for work during my stay when I get back by December of this year?c.) If I shouldn't be traveling by December of this year to go back, when would be the next time I should go back?d.) How long should I visit again once I get back to the Philippines?e.) A friend told me that customs officers in Los Angeles Airport, are very friendly to Filipinos who visit because of the huge Filipino population there. Is this true? Because if it is, I might make it my PoE.I have friends who were also given B2 visas with multiple entries for 10 yrs, however, they were grilled in customs when they went back to the US, even if they did not overstay the 6 month timeframe.I am very confused. Please help! I will wait for all of your advice before I purchase a roundtrip ticket.

- There is no 6 month in, 6 month out rule. This is a good rule of thumb, but there is no law stating it.

a. The CBP doesn't care how long you stayed (as long as it was less than 6 months). They care that you were a genuine visitor, and that you are a genuine visitor this time as well. Their job is not to turn people away for being in America too much. Their job is to weed out illegitimate travelers. An illegitimate traveler is someone who uses his/her B-2 visa for purposes other than visiting/tourism. This is where length of time comes into question. Staying 6 months is not illegal. It can however raise questions as to how you're able pay for such long visits, and put into question your ties to the Philippines. So it's not the 6 months and returning per se - It's how you're able to afford it, and what ties you still have to the Philippines.

b. It would be a nice backup to have. But it's a lot more useful to have some sort of evidence showing you have a job, family, house, car, dog, school etc. to return to in the Philippines.

c. Again. This is purely individual. A millionaire with 5 vacation homes in 6 different states might be able to come and go as he pleases - There is no reason for the CBP to suspect he/she is working illegally or can't support his/her vacation. Many business people commute weekly to and from the US. However, if you were a CBP officer, and an unemployed hippie was bringing his dog and backback for his 3rd 6 month US vacation in 2 years, you would raise your eyebrows too. In essence, if your story makes sense, you'll be let in. If your stor is reasonably questionable, you won't be let in.

d. There is no right or wrong answer. Again, if your story and situation makes sense to a reasonably thinking CBP officer, you'll be admitted.

e. It is true that California has a huge Filipino population, but that shouldn't affect the CBP's leniency towards Filipinos. It is possible that some officers at LAX may have more personal knowledge of Filipino culture and family ties etc., but CBP officers are required to follow the same laws whether they're in Hawaii, New Jersey, Guam or Alaska. Personally, I can say that I have had both my smoothest and toughest entries at LAX.

Thanks for the quick reply... uggghh... I'm now worried... I shouldn't have stayed for 6 months, actually 174 days to be exact, in the US even if the CBP officer gave me 180 days of stay. yeah that's what I thought to with my e.) question .. it really wouldn't be fair... well, I am renting an apartment and it's lease-to-own, paying this apartment for 2 more years then it's mine. I also have work and would apply for a month leave just to visit my parents. Should I bring docs related to my "strong ties" here in the PI too?when is a really good length of being away from the US so that I may not be questioned nor grilled by the CBP? On my first trip, the officer just asked 2 questions: who I'm staying with and how long i'll be staying. How long do I have to wait for them to be nonchalant with me again at the PoE? a year? two years?

There is no answer to your question of "how long." I could tell you 3 years, and you'd still be grilled. Or I could say tomorrow, and you won't be grilled. Again, and I'm gonna keep stressing this: If your story makes sense to the CBP officer on duty that day, you will be admitted. Their job is not to send people away, their job is to make sure you are who you say your are, and that your intentions are what you say they are. Bring evidence of your lease-to-own in case you're asked. Evidence of ties are always a good backup. Good luck!

Edited March 20, 2013 by Jay Jay

[rabbitt1009 0]

- There is no 6 month in, 6 month out rule. This is a good rule of thumb, but there is no law stating it.

a. The CBP doesn't care how long you stayed (as long as it was less than 6 months). They care that you were a genuine visitor, and that you are a genuine visitor this time as well. Their job is not to turn people away for being in America too much. Their job is to weed out illegitimate travelers. An illegitimate traveler is someone who uses his/her B-2 visa for purposes other than visiting/tourism. This is where length of time comes into question. Staying 6 months is not illegal. It can however raise questions as to how you're able pay for such long visits, and put into question your ties to the Philippines. So it's not the 6 months and returning per se - It's how you're able to afford it, and what ties you still have to the Philippines.

b. It would be a nice backup to have. But it's a lot more useful to have some sort of evidence showing you have a job, family, house, car, dog, school etc. to return to in the Philippines.

c. Again. This is purely individual. A millionaire with 5 vacation homes in 6 different states might be able to come and go as he pleases - There is no reason for the CBP to suspect he/she is working illegally or can't support his/her vacation. Many business people commute weekly to and from the US. However, if you were a CBP officer, and an unemployed hippie was bringing his dog and backback for his 3rd 6 month US vacation in 2 years, you would raise your eyebrows too. In essence, if your story makes sense, you'll be let in. If your stor is reasonably questionable, you won't be let in.

d. There is no right or wrong answer. Again, if your story and situation makes sense to a reasonably thinking CBP officer, you'll be admitted.

e. It is true that California has a huge Filipino population, but that shouldn't affect the CBP's leniency towards Filipinos. It is possible that some officers at LAX may have more personal knowledge of Filipino culture and family ties etc., but CBP officers are required to follow the same laws whether they're in Hawaii, New Jersey, Guam or Alaska. Personally, I can say that I have had both my smoothest and toughest entries at LAX.

There is no answer to your question of "how long." I could tell you 3 years, and you'd still be grilled. Or I could say tomorrow, and you won't be grilled. Again, and I'm gonna keep stressing this: If your story makes sense to the CBP officer on duty that day, you will be admitted. Their job is not to send people away, their job is to make sure you are who you say your are, and that your intentions are what you say they are. Bring evidence of your lease-to-own in case you're asked. Evidence of ties are always a good backup. Good luck!

thank you so much... this would really help me alot i'll just bring proof that i have good ties with the PI then but thank you for clarifying this to me...