ow do I prove ties to the home country if I am not working nor studying when traveling to the USA on visa waiver program?
Asked on Sep 30th, 2016 on Immigration - District of Columbia
More details to this question:
I am planning to visit the USA this Christmas through ESTA, so Visa Waiver Program to visit my friends. I am from the Czech Republic. I'm worried that I might not pass the control once I arrive to the USA because of possible insufficient ties to the home country. I am not currently employed nor am I studying full-time. I am studying by distance in England, though. I do have a lease contract valid through June 2017 in Prague, Czech Republic, where I am currently staying. Would this suffice as a tie to the home country? Also what are repercussions of that if I travel to the USA and am deported for the future travel there? What other things could help me to demonstrate the ties to the home country if I am not working nor studying full-time? I am 21 years old, no kids, not married. What is the likelihood I pass the control just with that lease contract? Would my planned travels in Europe afterwards my planned stay in the USA help? Also would some job interviews in January lined-up help me?
All visitors to the United States under visitors visas or visa waiver program should have nonimmigrant intent – that is, that they should not intend to stay in the country past their period of visit. In the event that a Customs and Border Protection (CBP) officer has doubts on the score, it is the burden of the entrant to show sufficient ties to the home country to convince the officer that he or she will return. Any of the steps that you have outlined to show your nonimmigrant intent would be okay along with items such as bank account or personal or real property in the Czech Republic. Even without such proof, most CBP officers would not give you a hard time if you have not been abusive of the visa waiver program in the past. Also you may be lucky enough to be in the inspection line of an officer who is kind to visitors around Christmas time. In answer to your question of the repercussions if you travel to the US and are deported, you would be barred for five years if such occurred upon entry at the port of entry and for 10 years if you were admitted to the country, got yourself into trouble with the Department of Homeland Security later, and were ordered deported by an immigration court. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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