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  • VWP Question

    Does anyone know how long you're legal to stay in the US using the VWP.
    I stayed 2 months in from December until February and i returned 20 days later for additional 3 months...
    Now the BCIS at JFK said, you're here to much... I hear from others that there is no limitation in the law that states that you can only be in the US for so many months (rule of thumb that the BCIS is using is 6 months)...

    Anyone know the answer??
    I like to go back again... asap as I can...

    Thanks

    Pheadra11580

  • #2
    Does anyone know how long you're legal to stay in the US using the VWP.
    I stayed 2 months in from December until February and i returned 20 days later for additional 3 months...
    Now the BCIS at JFK said, you're here to much... I hear from others that there is no limitation in the law that states that you can only be in the US for so many months (rule of thumb that the BCIS is using is 6 months)...

    Anyone know the answer??
    I like to go back again... asap as I can...

    Thanks

    Pheadra11580

    Comment


    • #3
      you can stay only as long as the BCIS inspectors say you can....and if you are spending this much time in the US, you must not have a job or school to attend; so the inspector has figured out that you are staying in the US for other reasons. Where have you been working in the US?

      Comment


      • #4
        There is no limit on how many times you can visit the US using the VWP. However the more frequent you visit the more suspicious it will get about your intentions.

        Every visitor is looked upon as a possible immigrant. Making multiple trips within a short period of time will raise the red flag.

        Remember that they can deny you entry any time and you have no right to appeal, you will also lose the VWP right once you are denied which means you will have to apply for a visa to re-enter.

        90 days is the maximum to stay under the VWP.



        http://www.immigrate2us.net

        Comment


        • #5
          Many short visits are not a problem either, I have a friend who travels almost every month between USA and Latin America. Most of the time he transits through USA, sometimes just for a few hours, sometimes for a couple of days. So he enters USA between 18 and 24 times per year. So far, he never has had problems, but I guess it is also obvious to the inspectors that he is only "going through"

          Comment


          • #6
            Yes, its better to visit the USA 12 times a year for 1 week than twice a year for 3 months.

            The INS Officers know that when you stay for a week, you come for your job back home....

            Someone staying twice a year for 90 days must be someone who doesn't have a life back home and who must be trying to stay in the USA.

            Comment


            • #7
              Of course, but when you enter and leave very many times a year...the chance for the INS and the Airlines to missplace or loose your departure record is higher...

              If only once your departure record get lost, the INS will think that you overstayed and next time you want to come you will have to prove what happened.

              Comment


              • #8
                90 days.

                Comment


                • #9
                  To Jack:
                  If you have many short visits, at least you have your "next" entry stamp as proof that you did not overstay.
                  If your visits are more spaced, and the airline looses or makes mistake with I-94, then it is worse. I know, AA made a mistake on my wife's I-94 long time ago, and now she has a hard time every time she goes to USA (she has to prove she did not overstay, fortunately she has a couple of entry stamps into other countries during the supposed overstay, but it is not a pleasant experience)

                  Comment


                  • #10
                    Thanks for all the answers.

                    to someone: I am my own boss here, I don't need to work in the USA.
                    I never overstay just for the simple fact that my fiance is a american and screwing it up with the BCIS.
                    I just wanted to know because even with a B/2 visa you're in the hands of the BCIS officer that you talk too.

                    Comment

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