One for the immigration experts?

Discussion in 'Open Discussion' started by rosesplus, Mar 7, 2006.

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  1. rosesplus

    rosesplus Intern

    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.....

  2. Mal

    Mal Enthusiast

    Dec 25, 2004
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    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.
  3. aspro2

    aspro2 Member

    Nov 26, 2004
    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.
  4. NM


    Aug 27, 2004
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    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.

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