Visa Issues

[Matt]

A word of warning to those of you who travel out to the US on a regular basis (IE 4 or 5 times a year), I thought I'd share this harrowing experience with you.

I flew out to Orlando last Saturday via New York (thought it would make a change rather than going direct).

At immigration in JFK I was questioned about the amount of time I visit the US (around 4 or 5 times a year). I was then whisked away by the officer to a large room and was told to leave all of my belongings outside (including my travelling companion who didn't even know what was going on and had never been to the US before and they would not let me stop and explain to her what was happening).

Inside the room were around another 30 people with more coming in, and told to sit and wait for my name to be called.

Another office eventually called my name and I was then subjected to what was no less than the 3rd degree about the amount of visits I make to the US. Of course my reason was I own a rental home so make frequent visits to ensure all is OK as well as use it as it was intended...as a vacation home.

In the end my passport was stamped and I was sent on my way, but this was a really harrowing experience that I would not wish on anybody.

I'm just hoping now that my card has not been marked for future trips. For my flight out of Orlando yesterday I was pre-selected for a complete search before boarding the flight to JFK. I'm hoping this was just a one off and not in relation to my entry to the US the week before.

Matt

[John Boy]

Ohh yes Matt you are not the first I go to Florida between 8 and 12 times a year on business, exactly the same happened to me but on the bright side the next time I went I sailed through.

Just take it in the stride they have to check on everyone from time to time just something we will have to put up with from now on.[msnoo]

[floridapete]

It might be useful for others to know which Visa - or Visa Waiver - you arrived on in relation to your story which is not as unusual as you might think.

[CERICROWLEY]

Can I ask were any of you travelling with a family or just a couple or on your own. I have been out there now 3 times this year once through Newark with the kids and no problems, he did notice my passport was stamped a lot with US entry and asked how many times and when exactly I came in the US, but he was fine.

I am due to go out again possibley end of October and definetley at Xmas with the family.

[Matt]

On this occasion I was travelling with a friend from work. We were separated at the immigration desk as we were not from the same family. Most other trips where I've experienced no problems I have been travelling alone.

In answer to Floridapetes message, I was travelling on the Green Visa Waiver document.

Matt

[floridapete]

<blockquote id="quote" class="ffs">quote:Originally posted by Matt
On this occasion I was travelling with a friend from work. We were separated at the immigration desk as we were not from the same family. Most other trips where I've experienced no problems I have been travelling alone.

In answer to Floridapetes message, I was travelling on the Green Visa Waiver document.

Matt
[/quote]

The Visa Waiver Programme (VWP) was never designed or intended for frequent visitors to the United States - even if each visit is for short periods..


I know of several instances of VWP visitors being picked off as they arrive when a series of visits is thrown up on the entry inspectors screen by their travel profile which is stored in th system. This is NOT the typical visitor profile associated with the 'visit for pleasure' intention of the VWP system.

If you own a vacation home in the USA and intend to make frequent shorter visits per year (and particularly if any business visit would add to that frequency) then you really DO need to get fixed up with a B2/B1 (visit for pleasure/business) Visa which will far more easily embrace your needs and intentions.

Additionally, this Visa would also give you entry for up to 6 months per year (on a visit for pleasure) or 1 month per entry (on a visit stated as for business purposes - though not to work for a US employer.

It is an increasingly expressed concern that Visa Waivers are being used bny people who are not just typical 'tourists' staying a short time once of twice per year. You may have heard of recent cases where journalists were refused admission to the USA on Visa Waiver and subsequently deported. A frequent visitor will therefore be seen as unusual in the eyes of the ever-vigilant USCIS inspectors.

Another reason you were probably picked up was your arriving at JFK (New York) - not the easiest place to enter at any time !

Get that B2 Visa at the US Embassy in London and relax !!

[Robert5988]

<blockquote id="quote" class="ffs">quote:The Visa Waiver Programme (VWP) was never designed or intended for frequent visitors to the United States - even if each visit is for short periods..
[/quote]

Here we go again! On what basis do you make such a statement? Where is this written down?

You made a similar statement in a thread some weeks ago and when challenged by Blott and myself failed to produce any evidence to support your contention.

In my opinion, and those of the US authorities I checked with, there is no problem as long as you comply with the regulations. Many of us, including myself, who visit many times each year on the VWS will testify as such.

Also with regard to this statement:
<blockquote id="quote" class="ffs">quote:You may have heard of recent cases where journalists were refused admission to the USA on Visa Waiver and subsequently deported.[/quote]

If you read the regulations carefully, journalists on business are specifically prohibited from entering on a Visa Waiver; so they were breaching the regulations and on those grounds were deported.

Clearly frequent visitors could be questioned, although I don't personally know anyone who has been, but(to repeat) if you comply with the regulations you have nothing to fear.

Advice and opinion are one thing. However authoritative statements such as your earlier quotes and this below:

<blockquote id="quote" class="ffs">quote:If you own a vacation home in the USA and intend to make frequent shorter visits per year (and particularly if any business visit would add to that frequency) then you really DO need to get fixed up with a B2/B1 (visit for pleasure/business) Visa [/quote]

are plain wrong and mislead those who seek accurate advice from this forum.

[Matt]

Robert, thank you for your comments.

I was not scare mongering anyone here, but warning those who travel to the US on a frequent basis (I guess other homeowners) that there is a possibility that they will be pulled aside for further questioning and that it is not a pleasant experience.

However, I have also been advised (by the US Emabassy) that it would be beneficial for me to obtain a B2/B1 Visa due to the amount of trips made although this is not entirely necessary but would ease my path on future trips.

Matt

[tezz7628]

if i'm reading visa issues correctly

b1/2 visa gives you permission to stay for a max of 6 months in any one year

ie you cant go again till 12 months have passed from your first visit

visa waiver program allows max stays per visit of 90 days, but technically you can depart us continent and return on day 91 to restart the 90 days again

but i would pressume you could only do this for a max of 6 months in any one year, or maby not

does anyone agree?

[blott]

In theory, there's no limit to the amount of times you can enter the USA on a visa waiver during any given period, as long as you comply with the regulations. http://www.usembassy.org.uk/cons_web...freetravel.htm (at the bottom of the page).

However, entry on any visa or visa waiver is always at the discretion of the INS inspector on duty at the airport and anyone (whether they have a visa or are on visa waiver) can be stopped and questioned further. This doesn't necessarily mean that you will be refused entry if you undergo further questioning, as can be seen in Matt's case, which started this thread.

There's a lot of conjecture been posted which has not be followed up with hard evidence to support these theories, despite previous requests to post these, so we have to assume that these are just 'opinions' and not based on US factual immigration regulations.