Visa Waiver - Some possible issues

dom78

New Member
Hello -
I'm a 32-year old, male German citizen seeking to enter the US under the visa waiver program (VWP) for a period of 3 weeks. Reason: I'm meeting up with a group of friends from my college days over 4th of July. I have no intention to enter into employment while I'm in the country nor to stay longer than that time. I have a return ticket and sufficient funds. However, there are 2 potential issues:
1.) This year I already spent 5 months in the US (also under the VWP). Reason: I work as a freelance writer, so I can work from anywhere in the world. My clients are in Europe, and I'm paid in British pounds into an English bank account. I do not have clients in the US, but have been doing work for my overseas clients while I was there. I first arrived in the US on January 19, to visit friends, with the intention to stay for 90 days. However, in mid-March I was asked to travel back to Europe for work (4 day trip) and upon re-entry was granted another 90 day stay, so I used the opportunity and changed my ticket accordingly. At no point did I overstay. QUESTION: Is there a chance I will be denied reentry when I travel back to the US after only having been away for 2 1/2 weeks? If so, what would the reasoning of the immigration officer be and what could I say/do to convince them otherwise?
2.) I have a criminal conviction for "public intoxication" (alcohol-, not illicit drug-related) under CA penal code article 647 (f). This was over 10 years ago while I was at college in CA, I was 21 at the time, and the overall sentence was a $150 fine. I assume this does not constitute a crime involving moral turpitude for immigration purposes? QUESTION: Can I tick 'No' for the respective question on the ESTA application and I94 form?

Many thanks in advance for your help and advice!! :)
 
No one can tell you a definite answer......however, going by your recent VWP entries, you are not showing the pattern of a typical tourist so of course your chances of being pulled into secondary and questioned have been highly elevated. The general rule of thumb (though if done on a highly frequent basis will eventually result in a denial) is to spend as much time out of the US as you do in the US (ie, you spend 2 months in the US, and then spend 2 months out).
To help alleviate the possibility of denial, have solid ties on you back to Germany- (ie, mortgage/rental papers, car lease agreement etc).
As for the freelance work....this is an extremely gray area and as far as I'm aware, is not allowed on the VWP. I could be wrong, but I was under the assumption that NO work (regardless of where the income is coming from) is allowed on VWP. Business meetings/training, yes, but actual 'work', no.

As for the CIMT......I think you're ok to select 'no' as I dont believe public intoxication is classed as a CIMT.
 
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