Deny Entry

I flew to Detroit airport with ESTA (Australia passport), I did not realize ESTA only 90 days stay but my return air ticket was 180 days.

I was sent to Custom Officer to interview and they finally deny my entry:

1) Their statement that I have no job but it is not true, I am working on my sister's restaurant since Dec 9, 2010 (because my borther in law's sudden die)

2) My staying home is under my brother's ownership..... but I also have own property for rent, therefore, they suspect my staying.

3) I planned to visit my USA male friend who we also spent 3 months from June 2010 till Sept 2011. They called my friend to check my travelling purpose and I was told my friend told Custom Officer that I am his fiance, this is not true, He is married man.

My question:

1) If any chance to correction because i have employment letter, home contract and my friend's family can also proof he responsed incorrect, they have marriage certificate.

2) Since I had been deny entry and cancel ESTA program, can I apply travel visa again, if so, please advise what docment I have to prepare.

3) If I disconnected contact with this person, Can I get my ESTA program again, as very usual to meet friend and apart. I feel if his word to ruin my entry is unfair.

I am planning to travel to USA again to fishing, camping and joining summer festival on June, July and August..... I must return to HK on end August for my fiance review.

Can someone help me!

Thank you'

1 個解答

  • Chi
    Lv 5
    9 年前

    I am not a lawyer, my answer is only based on personal opinion. You may want to answer some legal professional for actual legal advice. It sounds like you made a tons of silly mistakes when you enter US. They are right for this Deny Entry.

    Point 1 - Even you have a VISA that may allow you to stay 6 months, it is uncommon to take 6 months trip for "vacation". You need to have a really good answer for why you want to stay this length.

    Point 2 - They proved you have no firm tight with your home town. You do not have a job that needs to return (If you can leave for 6 months, you can left it forever.) You do not have a home that needs to return. Your brother can easily to help you the manage a rental apartment if you do not return.

    Point 3 - This is a DEATHLY one, and it becomes your biggest trouble now. If you are a fiance of an US citizen, they won't let you in because you could marry with your "fiance" to stay in US forever. This violates the purpose of "Travel". If your purpose is "Immigration", you need a K1 VISA.

    My suggestion is not to think about coming in US again - at lease not in a few years.


    - They may not record who is your "fiance", but if you tell them you are "Lying" at the custom. Why should an Officer give a lier a VISA? How did the officer know you are not just making another lie?

    - If you really have a fiance in US, you should apply for K1 instead of travelling VISA in you situation.

    - After a few years, you can claim the condition changed.