One for the immigration experts? | Australian Frequent Flyer
Australian Frequent Flyer

Welcome to Australia's leading independent Frequent Flyer and Travel Resource since 1998!
Our site contains tons of information that will improve your travel experience.

Joining AFF is fast, simple & absolutely free - register now and take immediate advantage of these great BENEFITS.

Once registered, this box will disappear. And you will see fewer advertisements :)

Login Now to remove this and all advertisements (GOLD and SILVER members)
Not a member? Register Now for free

One for the immigration experts?

Status
Not open for further replies.

rosesplus

Intern
Joined
Mar 20, 2005
Messages
59
I've been making multiple trips to the US (6 - 8 per annum) for the past 2 years staying in the US for 2 - 6 weeks each time using a green I 94 visa waiver. I'm not working (young retiree at 48yrs of age) and have Australian citizenship.

Last time I entered the US, 3 weeks ago, the immigration officer questioned me quite closely on my US travels and finally stamped me in. At this point I asked him if there was a problem and he said "perhaps you could be viewed as living in the US" but didn't elaborate. I've read through the terms of the I94 visa waiver and whilst I can't see where I would be not eligible it does state that the immigration agent has the right to refuse entry.

Has anybody got any knowledge that might be of assistance?

Many thanks.....
 
Now with contactless delivery, shop online to get drinks delivered to your door or pick up in-store in 30 minutes. Lowest Liquor Price Guarantee. Biggest Range.

Recommended by the Australian Frequent Flyer

Mal

Enthusiast
Joined
Dec 25, 2004
Messages
12,385
Flights
My Map
I think someone visiting a country for 3-6 months of a year on a tourist type visa could be viewed as suspicious by immigration.

The main reason is that they could suspect that you have employment there or some other ties that means you aren't telling immigration the full story why you are heading to the US.

Any immigration officer can deny you entry. If under a I94 waiver, you have no right of appeal. However, I doubt that would happen unless you were breaking one of the immigration laws.

You may want to chat to an immigration lawyer who specialises in U.S immigration law to discuss if there is anything you are coming close to breaking immigration wise, however I don't see it as a big issue unless you are working there or similar.

Just be prepared for increased questioning each time you enter the U.S.
 

aspro2

Member
Joined
Nov 26, 2004
Messages
233
Mal said:
Just be prepared for increased questioning each time you enter the U.S.
And probably be careful about not carrying work-related docs which might give the impression you are conducting real business in the US. If you are carrying business materials (though I see you're a retiree), you'd want to be careful that the clear impression they generate is that you're catching up on work from home or something like that. Immigration could start looking for things which make you look more local than you want to be.
 

NM

Enthusiast
Moderator
Joined
Aug 27, 2004
Messages
16,260
Qantas
LT Gold
Virgin
Red
Flights
My Map
Mal said:
I think someone visiting a country for 3-6 months of a year on a tourist type visa could be viewed as suspicious by immigration.
I94W Visa Waiver Program is not just for tourists, and I would not describe it as a "tourist type visa". It is a valid entry method for tourists, but is equally as valid for Australian citizens visiting the USA for other purposes, including business and attending conferences etc.

I have about 30+ I94W Visa Waiver entry stamps in my passport, and all except one has been for business purposes. Visiting for business is different to working in the USA, as I am employed by the Australian division of our USA-HQed global company and hence paid in A$ in Australia.

However, each time you entry on an I94W visa waiver, you are likely to be asked the purpose of the visit. As a retiree, you may need to think carefully how you answer. Perhaps something like visiting friends or relatives may avoid suspicion of regular visits.
 
Status
Not open for further replies.

Community Statistics

Threads
86,310
Messages
2,080,744
Members
53,714
Latest member
Becklez
Top