Visa Waiver Program Re-entry
I know comparable questions have been asked but I would really appreciate it if you guys would give me advice on this matter.
My girlfriend is currently taking an internship in NYC and I've come with her to NY to be with her and follow online courses at the University of Amsterdam (the Netherlands).
I will go back to the Netherlands in March to take exams for the online courses I'm currently following. After three weeks (April) I'd like to go back to NYC to be with my girlfriend, and again follow online courses at the University of Amsterdam.
The Dutch Embassy told me that I have to be outside the US for 90 days to be able to get a new 90 days visa waiver period. I can't find that anywhere in writing and I believe it is not true.
Do you think I will get a new period of 90 days when I come back to New York after I've taken my exams? I will be able to present information about my return flight and the fact that I'm enrolled for the courses I'm following at the University of Amsterdam.
Best Answer
Assuming you are Dutch, basically I think you are right and the Dutch Embassy spokesperson was wrong:
CBP:
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. There is no set requirement for how long you must wait between visits.
The Embassy spokesperson seems to have got confused with Schengen regulations – perhaps thinking you were visiting The Netherlands to study at The University of Amsterdam?
However, there may be a moral here. The VWP does not apply to those who travel for the purpose of study. There are exceptions such as “a short recreational course of study, not for credit toward a degree” but your study is presumably “for credit” – ie towards a degree, so might be deemed ineligible for VWP. I think the intent is probably to “catch” those studying at an American institution (not online to a Dutch one) but if your Embassy can misunderstand, so might a US Customs and Border Protection Officer.
It seems you run no particular risk of being turned away other than the routine prospect of an officer who feels uncharitable and the fact that you are making two visits in fairly rapid succession. It may however be worth emphasising the “be with my girlfriend” part and de-emphasising the “pursue my degree studies” part.
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Is the Visa Waiver Program multiple entry?
Each approved ESTA application generally is valid for two years and allows for multiple visits to the United States within that period without having to apply for another ESTA approval. Travelers whose passports will expire in less than two years will receive an ESTA valid until the passport's expiration date.How many times can I use the Visa Waiver Program?
There is no limit on the number of times you may enter the U.S. under either ESTA of a visa.How long can you stay on a visa waiver?
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.How long do you have to leave the US before returning on an ESTA?
Therefore, the length of time of your total stay, including the short trip, must be 90 days or less.About Visa Waiver Program | How to travel in US without a visa | Visa Waiver Program USA 2021 | DHS
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