US: Immigration officer demanded I leave the country after 2 months (when VWP gives me 3 months)

US: Immigration officer demanded I leave the country after 2 months (when VWP gives me 3 months) - Turned on Iphone 5 on Prospekt Newsletter 2016

I had a very traumatic experience recently while trying to enter the US. I was almost denied entry for having a "story that was too vague" according to the immigration officer.

I lived in the US and had an H1B visa before, but after quitting my job I left the country and came back a month later as a tourist under the VWP program (I'm from EU, btw). Anyhow, I never overstayed, worked as a tourist, had any problems whatsoever and/or committed any crimes. In short, I've always been a law-abiding visitor, both when here with an H1B visa and as a tourist.

This time, I again entered as a tourist (note that this was my 2nd tourist visit; there was an almost two-month gap between the first one mentioned above and this one). The immigration officer said my "story" didn't check out and I had to undergo the secondary inspection. The 2nd guy was very unpleasant and hostile, and basically treated me like I was some sort of criminal (I get it, that's his job - not complaining about it). However, when he finally OK-ed my stay, he told me I must leave the country in 2 months. At the same time, the stamp in my passport says I need to leave in 3 months.

What I would like to know is if the immigration officer's verbal demand to leave in 2 months can override the default three-month stay that's tied to the VWP program (which has also been stamped into my passport). Is there even a record of such verbal demands?

Happy to provide additional details if you think that would help. Thanks!






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Does US immigration know when you leave?

Yes, they almost certainly do know you've left. The US processes passport details for all air passengers through a system called APIS, and ties that to the electronic I-94 (arrival and departure record). You can check your US arrival and departure history online.

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.

What is a VWP country?

The Visa Waiver Program (VWP), administered by the Department of Homeland Security (DHS) in consultation with the State Department, permits citizens of 40 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa.

What are three 3 activities you Cannot do with a visitor visa?

Travel Purposes Not Permitted On Visitor Visas
  • Study.
  • Employment.
  • Paid performances, or any professional performance before a paying audience.
  • Arrival as a crewmember on a ship or aircraft.
  • Work as foreign press, in radio, film, print journalism, or other information media.
  • Permanent residence in the United States.




2 New Great Immigration Changes - USCIS News - Tips for USA Visa - GrayLaw TV




Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

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