QUESTION
Would I have issues returning to the US?
Asked on Jun 15th, 2011 on Immigration - California
More details to this question:
I've travel between the U.S and the U.K twice with/in the last year, I come here to see my fiance who is a legal resident and a naturalized citizen that is the process of getting his certificate. In the mean time I want to know would I have any problems returning again to visit him, on this trip an immigration office said that he knew what I was doing. Good for him because I didn't know what I was doing, I wasn't sure what he was eluding to, I didn't respond because I didn't want any problems. I was granted a two year traveler Esta I used it twice with in 90 days that allowed. I would like to continue travel to and fro any suggestions.
2 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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There are no guarantees and the Officer at the Port of Entry can always question whether you are an intending immigrant . The stronger your ties overseas - job, family, home, school, etc. - the easier your entry. The more days you spend in the U.S. the harder it will be to overcome the "immigrant intent presumption." You may want to consult with an immigrant attorney about a more suitable visa if you want to continue to spend extensive time in the U.S.
Answered on Jun 17th, 2011 at 11:35 AM
Immigration and Naturalization Attorney serving San Francisco, CA
at
The Law Office of Christine Troy
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Be careful. You are legally allowed to visit the US and your fiancee. Border officers often think you are either using the vwp to live in the US illegally or are going to enter on it, overstay and file for a green card here. The more times you enter in a small period of time, the more likely you will be hassled, denied entry or removed. The last option is where they deport you as you try to enter. Be very careful Be able to explain how long you are in the US and to demonstrate your intention to depart.
Answered on Jun 17th, 2011 at 9:29 AM