Going back to USA after staying there for 3 months recently, problems?

Going back to USA after staying there for 3 months recently, problems? - Men fixing problem in motor of car

I am pokerplayer from Iceland and I have never had any issues with Visa when visiting US. This summer I lived in Vegas for 3 months and came home in september. I remember when entering and leaving the customs asked what i had been doing and i said i had been playing poker.

I would like to return as soon as possible and have been trying to find any information if that would be a problem. It is strange that there seems to be no rule on this and in the hands of the individual custom officer each time??

If i decide to take my chances, what would be my best bet. Tell them I´m on vacation or working or a bit of both?



Best Answer

I don’t know what’s wisest but offer opinions because that may be the best available given that your question is about the opinion of an Immigration official:

i) Getting caught in a lie, however “small” and “white”, could be enough to destroy your credibility and so lead to refusal. An Immigration officer does not have a lot of data on which to decide so a mere hint you are being deceptive may be enough for rejection. Hence best to tell the truth. If that does not work at least you will have learned something for another occasion.

ii) Much of immigration control is to reduce the threat to the employment of nationals. Provided you have the means to sustain yourself, visiting is good (you put money into the economy) working not so much so (you take money out, even if adding value greater than that).

iii) VWP imposes much the same constraints as does a B-1/B-2 visa. Some business activities are allowed but full-time employment, even if short-term, is not.

iv) Gambling for a living is not an employment – you have no contract for or of services – and is not really depriving any national of employment.

v) 3 months in one year, or even 3 months every year does not seem like an occupation (assuming you are not an incredibly successful poker player). I’m guessing you have some other source of income during the other nine months of each year or just the rest of the time. Whatever that is would seem to be what most would consider your “occupation”.

I think best to answer along the lines “I’m a bit of a poker addict, I'm off to Vegas to lose my hard-earned cash, I think that counts as vacation”, perhaps with a wry grin. Seems truthful, not to jokey (Immigration has NO sense of humour) and might elicit some sympathy in your favour, should the person asking you ever themselves have played poker for money.

Also anyone who can afford to gamble for three months at a time creates an impression (with me) that they must be "of substance" and will not likely end up on support.




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Can I come back to the US after staying for 6 months?

Maximum Period of Authorized Stay Therefore, a person who stays for six months and, instead of applying to extend their visit inside the U.S. if they are a visa holder or a Canadian, departs and attempts to return to the U.S. in less than six months from the departure date, will be barred from re-entry for six months.

How many times can you visit America in a year?

There is no limit on the number of times you may enter the U.S. under either ESTA of a visa. However, if reentering the U.S. using ESTA soon after staying for nearly 90 days, you can expect to be questioned in detail by the immigration officer about the purpose of your visit.

Can I reenter the US after overstaying?

If you overstayed for less than 180 days, leaving the U.S. will not trigger any bars to reentry. And if you have a visa that's still valid, there's nothing to stop you from booking travel to the United States.

How long do you have to leave the US before returning?

There is no set period you must remain outside the USA before returning but: "When traveling to the U.S. with the approved ESTA, you may only stay for up to 90 days at a time - and there should be a reasonable amount of time between visits so that the CBP Officer does not think you are trying to live here.



How can I return to USA After More than 6 months Abroad? Part 4




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