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 [email protected] 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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