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220 Questions

Last Answer on April 22, 2019

I'm confused and read conflicting information online about vwp travellers and their removal from the US in case they are inadmissible. Can they be put into expedited removal proceedings and if so what forms would they be served with?

Asked by G&T over 9 years ago

A Visa Waiver applicant (VWP) cannot be placed under removal proceedings. The process of removing a Visa Waiver alien is called a Visa Waiver Refusal under section 217 of the Immigration and Nationality Act. To put it simply, it basically means we want you to go back to your country and apply for a visa because based on the facts presented, we will not allow you to enter under VWP status.

You should only be presented with a copy of the sworn statement.

991 Votes

I meant I have a student visa from Australia & I was in the US with a valid B2 multiple entry good for 10 years. I stayed for 5mo&5wks. It has been 2 mos since I left the US. I want to visit again before my class starts in August here in Thailand.

Asked by Travelbug almost 10 years ago

You will probably be asked several questions as to why you were in the United States for such an extended period of time. It's not normal for a person to be on vacation for 6 months in another country. Be prepared to provide proof of economic solvency to justify your entry into the United States again.

990 Votes

I have been traveling to the US (VWP) for the past 5 years about 3-4 times a year for 3-4 weeks at a time (American GF). Last time I was "advised" to get a B2 Visa. My Esta is still good and I am never staying for that long. What should I do?

Asked by Bergis81 about 9 years ago

It is always safer to have a physical B1/B2 visa over the Visa Waiver Program. You have slightly more protections (Not much). From what you stated, it doesn't sound like you spend much time in the US over the average person, however every officer is different.

It's really up to you if you want to get a Visa or not. I would just advise to bring proof of solvency every time you enter to make the officer feel more comfortable about allowing you into the country.

980 Votes

Also, I am currently on active duty with about a year and a half left on contract. When would you recommend that I start the application process? Thank you.

Asked by Mando about 9 years ago

I recommend you submit your application today! It took me a little over 2 years to get hired. This time frame is very common for all law enforcement positions within the federal government. The process is a very slow and arduous one. For example, you will apply today, in 3 months they will call you to take the test, in 6 months they'll have you do the fitness test, in a year they'll have you take your polygraph, in another 6 to 8 months the second fitness test etc.

976 Votes

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After being refered to secondary almost every other time I go back to US, it really annoys me that CBP officers go through my phone. Can I refuse to provide password to it? What are the reprecussions of that?

Asked by tpbacon about 9 years ago

If you are an alien applying for admission to the United States, you can be removed from the United States if you cannot overcome the presumption of being inadmissible. This presumption is based on the Officer's discretion.

Under Border Search Authority, and for national security purposes, Officer's are legally allowed to search your phone (any electronic device) or use computer systems that can replicate the information contained within your phone. You are allowed to verbally deny them, but legally they can then formally seize it and return it to you at a later date if they determined it be necessary.

976 Votes

Do fingerprints and photo still in your system? He married a us citizen. 15 years ago he entered the usa with a birth certificate of someone else officer let him entered but photo & Fngerprnts were taken. He wants to get a green card.

Asked by Monica about 9 years ago

I'm not sure of your question, but photos and fingerprints are in our system permanently. There may be an expiration date but none that I know of.

973 Votes

Is applying for and holding Canadian PR card invalidate my greencard? Does CBP know my status in Canada when I cross the US-Canada border? If I have both cards but live in the US and work in Canada, what can I expect when crossing border everyday?

Asked by kong20100902 over 9 years ago

Legally, you can only be a resident of one country. Having Canadian residency does not automatically invalidate your US residency, but it would be a fact against you. A CBP Officer would set you up to see a judge to make the final determination.

You can go weeks, months, maybe even years crossing the border and not have any issues, but one day you may get caught. Once you lose your "LPR" status the first time, it is extremely difficult to get it again.

971 Votes

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CBP Officer

Ask me anything!

What do YOU do?

I'm confused and read conflicting information online about vwp travellers and their removal from the US in case they are inadmissible. Can they be put into expedited removal proceedings and if so what forms would they be served with?

I meant I have a student visa from Australia & I was in the US with a valid B2 multiple entry good for 10 years. I stayed for 5mo&5wks. It has been 2 mos since I left the US. I want to visit again before my class starts in August here in Thailand.

I have been traveling to the US (VWP) for the past 5 years about 3-4 times a year for 3-4 weeks at a time (American GF). Last time I was "advised" to get a B2 Visa. My Esta is still good and I am never staying for that long. What should I do?

Also, I am currently on active duty with about a year and a half left on contract. When would you recommend that I start the application process? Thank you.

Also on Jobstr...

After being refered to secondary almost every other time I go back to US, it really annoys me that CBP officers go through my phone. Can I refuse to provide password to it? What are the reprecussions of that?

Do fingerprints and photo still in your system? He married a us citizen. 15 years ago he entered the usa with a birth certificate of someone else officer let him entered but photo & Fngerprnts were taken. He wants to get a green card.

Is applying for and holding Canadian PR card invalidate my greencard? Does CBP know my status in Canada when I cross the US-Canada border? If I have both cards but live in the US and work in Canada, what can I expect when crossing border everyday?

CBP Officer

Ask me anything!

What do YOU do?

I'm confused and read conflicting information online about vwp travellers and their removal from the US in case they are inadmissible. Can they be put into expedited removal proceedings and if so what forms would they be served with?

I meant I have a student visa from Australia & I was in the US with a valid B2 multiple entry good for 10 years. I stayed for 5mo&5wks. It has been 2 mos since I left the US. I want to visit again before my class starts in August here in Thailand.

I have been traveling to the US (VWP) for the past 5 years about 3-4 times a year for 3-4 weeks at a time (American GF). Last time I was "advised" to get a B2 Visa. My Esta is still good and I am never staying for that long. What should I do?

Also, I am currently on active duty with about a year and a half left on contract. When would you recommend that I start the application process? Thank you.

Also on Jobstr...

After being refered to secondary almost every other time I go back to US, it really annoys me that CBP officers go through my phone. Can I refuse to provide password to it? What are the reprecussions of that?

Do fingerprints and photo still in your system? He married a us citizen. 15 years ago he entered the usa with a birth certificate of someone else officer let him entered but photo & Fngerprnts were taken. He wants to get a green card.

Is applying for and holding Canadian PR card invalidate my greencard? Does CBP know my status in Canada when I cross the US-Canada border? If I have both cards but live in the US and work in Canada, what can I expect when crossing border everyday?

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