Legal Question in Immigration Law in Tennessee

Hi there,

I returned from the USA to my home in Ireland after 88 days in june this year Pior to that I had spent the thanksgiving christmas and new year in the USA also. I have made arrangements for another trip which I plan to take in Oct. I have a plane Ticket vaild till Januray as I am unsure if I will stay for 3 weeks or the full 90 days allowed.. A friend of mine told me that I am not long enough outside the USA to return? Is this true? What problems will I face at port of entry? i am vey confused, I will be 5 months out of the USA by the time I travel I dont see the problem.. But I want to be sure before I plow anymore money into this vacation.


Asked on 9/12/10, 5:44 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

There is no any specific timeframe or minimum required to spent outside of the United States before traveling again on a Visa Waiver. It's decided based on a case-by-case basis, and the CBP has discretion to deny admission to visitors who look like they are spending too much time in the USA and/or don't maintain residence abroad.

If you’d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I’d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at Attorney@law-visa-usa.com and I’ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn’t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 9/17/10, 6:09 pm


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