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I'm an Italian citizen who is coming on December 24 to the US with my daughter to spend some time with my boyfriend, who is a US citizen.

On October 14, I came to the US by myself to stay with my boyfriend for three weeks. It was my first trip to the US ever. Once I arrived in Chicago, they stopped me at passport control for an hour and a half because they apparently thought I was suspicious.

They asked me all type of questions: why I had only $500 and how I was going to support myself for three weeks. I said that my boyfriend was going to support me financially, so I didn't need a lot of money. (This was my first time meeting my boyfriend in person, and they knew this because I told them.)

They eventually let me in the country after an hour and a half.

Now I'm planning to come back to the US for three whole months with my 3 year old daughter. I'll use the Visa Waiver Program and have received an ESTA. I'm really worried about being denied entry. Will they stop me again? If I went through secondary inspection once, will I have to go through it every time I go to the US?

I will have to return to Italy, because I have a sick dad at home, who I have to come back to. How can I prove this?

Any suggestions?

mlc
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2 Answers2

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if I went through secondary inspection once, will I have to go through it everytime I go to the US?

No, you won't have to.

Will they stop me again?

They might. From what you've described, your visit is even more suspicious than before. This time you're also bringing your daughter. You already told them that your boyfriend supports you, and you are showing by your actions (especially by bringing your daughter with you) that there's nothing much tying you to Italy.

If I was a CBP officer - I'd assume you're not going to leave this time and would deny entry.

What an actual CBP officer would do - we don't know, but it does seem risky. You're very likely, in this situation, to end up in the secondary inspection again. You're at high risk of being denied entry.

oh whatever
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This will be difficult: you are staying for a long time with your boyfriend who will provide most of your support and you are bringing your daughter. This can easily interpreted immigration intent and be grounds for refusing entry.

Will they stop me again?

No one knows but it's likely to happen: You have been stopped before and this time your situation is way worse.

Any suggestions?

I think your best bet is to apply for a B2 visa and don't travel with an ESTA. This way you can proof your "non-immigration intent" before you actually travel and the risk of being turned around at the airport is a lot lower.

You can try to shorten your stay, bring more money, leave your daughter at home, etc. but no one can tell you whether this will help or be "good enough". Unfortunately each CBP officers can make up their own criteria within a fairly large range.

I thought tourist visa and ESTA was the same thing

They are decidedly not. An ESTA is an electronic travel authorization whereas a B2 is an actual Visa which gives you significantly more legal rights at the border. If this is important to you, I would read up on the details and not just assume.

Edit: if I went through secondary inspection once, will I have to go through it everytime I go to the US?

No. It's up to the primary officer to decide.

Hilmar
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