Visa Waiver Question

[Rohke]

Hi,
I am here just simply to ask a question that is relevant to Visa Waiver Program Only ,

I am from Australia, and about 7 weeks ago i went to the U.S for a stay of about 65 days, and then returned home, No problems either way , but my question lies here,

I am travelling back to the United states soon, again to spend time with my loved one,
And my question is,

Regarding that previous information When i re-enter the U.S ,
Providing that i have already completed the new ESTA , and all that .
Will i get a new Visa Waiver ? ( 90day stay ) ?
Or will only have a 5 day stay?

Or can i enter at all?

I can't find any information on this directly ,
All i find is information saying that you cant re-enter and get a renewed one if you go to one of the adjacent islands ( canada ect ).

I would appreciate greatly any help i can get on this matter,

Thank you.

 

[elcupacabras]

The general rule of thumb is to spend as much time out of the States that you do in the States (Ie, 90 days in, 90 days out...though people still advise that this is still cutting it fine....after a 90 day visit, I would advise not to return until after 180 days)....however repeated visits can arouse suspicions with the immigration officer as POE, as someone who comes in and out often (and when the visits to the USA are for an extended period of time) is not showing the actions of a genuine tourist...more like they are trying to live there (bearing in mind that the average American gets 10 days vacation a year).

So the best thing to do, to minimise the risk of getting turned away is to have significant ties to your home country on your person (though only show this if it is asked for)...eg mortgage payments, rental agreements, letter from employer etc.

So how long is it going to be between returning home and attempting to re-enter the States....if it is really soon, then I think it could be risky considering you havent been home that long after such a long visit (but thats just me).

As to whether youll get a 90 VWP approval....maybe.....could you be denied entry and returned home.....possibly......could you get a 5 day approval on the visa waiver....unlikely....Ive read cases that this can sometimes happen, but the most common scenario is the straight refusal of entry. At then end of the day its all down to the officier you get at POE. Ive read cases where people have used the full 90 days VWP back to back for like 5 visits until they got refused.....Ive also read people who have turned up for their very first visit and been refused.....just make sure you have solid ties to your home country in your hand luggage to help reduce the likelihood of getting refused. You could be fine and sail through no probs, but its always helpful to know the risks and to have evidence on you should you need it.