Limitations on entry to USA for Thais with 10 year visa

[chadimus]

My girlfriend was granted a 10 year tourist visa for the US two years ago.  On the visa she is limited to 6 months stay per visit.  

 

We flew to the US and she was given 6 months stamp.  We stayed three months and returned to Thailand.

 

We we returned to the US about three months later, she was only given a 30 day stamp, with no explanation.

 

We're concerned about making any longer term plans to visit or travel the US in case she only gets 14 day stamp or perhaps denied entirely.

 

We assumed (incorrectly) that every visit would entitle her to a six month stamp.

 

Does anyone have information or experience on why her visa would not give her a 6 month stamp for every entry as long as she have never overstayed (she has not).

 

Thanks!

[tonray]

It is entirely up to the discretion of the Customs and Border Protections Officer as to how long you are stamped in for, not to exceed 6 months. Just the way it works. 

[impulse]

Did you ask the immigration guy?  It could have been a mistake.  They stamp in hundreds in a day.  Remember when 60% correct was a passing grade  back in your school days?

 

While they do have some discretion, I would think they would have to have a reason to impose a limit less than the visa people allowed when they issued the visa.

Edited June 22, 2017 by impulse

[tonray]

They almost always ask a few questions of the person on entry....what questions did they ask your GF and what were her answers ?

[USNret]

The biggest reason I could think of is if they think she is attempting to establish domicile in the US on a tourist visa.  If they think she is essentially living here, that is cause to deny or shorten her stay.  With only 2 visits, separated by "about" 3 months, it wouldn't seem to rise to that level of concern, but then who knows what goes on in the mind of an immigration agent? 

[thailand49]

51 minutes ago, USNret said:

The biggest reason I could think of is if they think she is attempting to establish domicile in the US on a tourist visa.  If they think she is essentially living here, that is cause to deny or shorten her stay.  With only 2 visits, separated by "about" 3 months, it wouldn't seem to rise to that level of concern, but then who knows what goes on in the mind of an immigration agent? 

The question you just raise is a good explanation as to why she only got a 30 days. You are very lucky to even obtain a 10 year visa not being married in my opinion. As you can see from what is going on with the immigration issue in the States now with Trump in office?  Once the visitor goes off the reservation it is tough if not impossible to catch them in a country so large as the U.S.?

 

Best to have asked the question when she was applying for the visa. Next time, write the question you have for her to present to the Immigration clerk. But in general from experience asking questions is view somewhat as being stupid so they just accept.  Here is comes?

Edited June 22, 2017 by thailand49

[chickenslegs]

UK 10 year visitor visa allows a total of 6 months stay in any 12 month period (or the visa holder could just leave the country for a day every 6 months and live there permanently).

Is US visa similar?

If so, what is the total time spent in the US during the past 12 months?

[connda]

Quid pro quo.  Looks as though US immigration is about as flakey as Thai immigration.  Look on the bright side though.  The US does give a 10 year visa.  However, looks like the I/O has the discretion at the gate to determine if a Thai arrival is gaming the system with that tourist visa, just like a Thai I/O will do at the border with any tourist doing, what is in their opinion, excessive visa runs.   
Same, same.
Tell your teerak that it's best just to take the word 'fair' out of her personal dictionary.  Such is life.
 

 

Edited June 22, 2017 by connda

[connda]

Then, there is always the Juarez/El Paso 25 kilometers dash.  If she can cross the 'finish line' undetected, she's home free!  Well, maybe.  Use to be that way.   

 

 

Edited June 22, 2017 by connda

[csabo]

You won the lottery now you are debating taxes? GMAFB.

[sawadeeken]

My 'older' ladyfriend was also given a 10 year US Visa......... She stayed 5 months on the 6 month stamp and left....... We are under the impression that she can re-enter and will get a 6 month entry each time.....

BUT....... Somewhere in the past I got an impression that you CANNOT stay in the US more than you stay out of the US, interpret that as you cannot visit the US more than 6 months in a 12 month period, which sounds likely the part that got you only 30 days. Once you start a new year (without exceeding 6 months total in a previous year) there likely will be a 6 month stamp....

You may find the answer on the Website or by calling.........

My ladyfriend (for 21 years) is now 57 year old and got the visa quite easily. She owns 4 homes and has 300,000 in the bank But at her age she wasn't asked much........ We went thru an agent in Bangkok who has pretty good luck.. and not very expensive and contribute a lot of credit to her for her guidance.........

Young women (Working age girls) rarely get approved because to many of them overstay and work illegally....

[bangkokairportlink]

8 hours ago, tonray said:

It is entirely up to the discretion of the Customs and Border Protections Officer as to how long you are stamped in for, not to exceed 6 months. Just the way it works. 

 

Can we explain why we want 6 months ?

 

 

[Naam]

20 minutes ago, bangkokairportlink said:

9 hours ago, tonray said:

It is entirely up to the discretion of the Customs and Border Protections Officer as to how long you are stamped in for, not to exceed 6 months. Just the way it works. 

 

Can we explain why we want 6 months ?

you are asked "what is the purpose of your visit, business or pleasure?"

[Naam]

46 minutes ago, sawadeeken said:

Somewhere in the past I got an impression that you CANNOT stay in the US more than you stay out of the US, interpret that as you cannot visit the US more than 6 months in a 12 month period, which sounds likely the part that got you only 30 days. Once you start a new year (without exceeding 6 months total in a previous year) there likely will be a 6 month stamp...

your impression is wrong. we lived 15 years (1989 - 2004) in the U.S. about 9 months a year (paying taxes). questions such as "who are you, what are you" and "why are you" came up only after the 9/11 terror attack.

[tonray]

48 minutes ago, bangkokairportlink said:

 

Can we explain why we want 6 months ?

 

 

I believe there is an appeal process. 

[Flustered]

Nothing to do with who is President as entry into the States had always been a gigantic pain in the ar se

 

US immigration has to be one of the worst in the world. In the past I regularly used Dulles as point of entry and it would normally take about 2 hours to clear the immigration lines.

 

Totally unacceptable in a so called 1st world country.

 

America does not have to issue laws to keep people out, the immigration department are doing a great job.

 

[Chou Anou]

Yes, it is a sad fact of life indeed that the dullard "officers" at Immigration and customs checkpoints have so much power in determining who enters and who does not, and how people entering a country are treated.  In the US, anyway (and I'll bet it's similar across the world), these cretins are pulled from low-IQ sector of society.  It's likely most of them have never traveled internationally themselves, and cannot speak a second language (okay--those last two attributes describe probably the majority of Americans, haha--but still).  They tend to be rather slow-witted, most likely are racist, and I'd imagine, probably religious too, and probably own guns...as I said, not very smart people.  I'm betting most are Trump supporters.

 

Here's an example of their "analytical skills" in action: I have long hair.  After continually being profiled and pulled out for a luggage search returning from Southeast Asia (of course, they suspected I had drugs), numerous times, I finally got the bright idea to put my hair in a ponytail going through immigration.  Guess what?  They never profiled me for a luggage search again.  They're told to look for long hair on males, and if that same long hair is pulled into a ponytail, well, they don't see any long hair, so I couldn't possibly be carrying drugs.  If I were in the habit of giving advice to actual drug smugglers, I'd say, "get your hair cut short, they'll never bother you."  Idiots.

Edited June 22, 2017 by Chou Anou

[Suradit69]

13 hours ago, chadimus said:

We flew to the US and she was given 6 months stamp.  We stayed three months and returned to Thailand.

 

We we returned to the US about three months later, she was only given a 30 day stamp, with no explanation.

From an unofficial source, but it sounds like it is a reasonable explanation and does imply that the officer can make a decision based on the amount of time since your last visit and the purpose for each visit to the US .

 

Quote

You may visit the US for up to 6 months on a visitor’s visa. However, note that if you regularly stay in the US for 6 months and only return to your home country for a short time, this may be viewed unfavorably simply because this visa was designed with visitation in mind (not permanent residency). Note: There are no laws that indicate how long you have to stay in your home country before returning to the US. However, it may lead to a shorter authorized stay or a warning at the port of entry.

https://www.quora.com/How-long-can-I-stay-in-the-USA-if-I-have-a-10-year-visit-visa-validity

 

While it may seem arbitrary and not make sense to the person holding the visa, the reason they pay people to screen visitors on arrival is because decisions need to be made based on the officer's experience in the absence of any more objective evidence regarding the visitor's intentions.

 

The same applies to Thai immigration officers. They have the authority and responsibility to raise questions and sometimes make apparently subjective decisions. 

 

Of course, in both the US & Thailand and elsewhere, some officers given authority may not use it intelligently or rationally. Some may just be having a crappy day or just had to deal with some jerk in the queue before you.

 

[Suradit69]

1 hour ago, Chou Anou said:

Yes, it is a sad fact of life indeed that the dullard "officers" at Immigration and customs checkpoints have so much power in determining who enters and who does not, and how people entering a country are treated.  In the US, anyway (and I'll bet it's similar across the world), these cretins are pulled from low-IQ sector of society.  It's likely most of them have never traveled internationally themselves, and cannot speak a second language (okay--those last two attributes describe probably the majority of Americans, haha--but still).  They tend to be rather slow-witted, most likely are racist, and I'd imagine, probably religious too, and probably own guns...as I said, not very smart people.  I'm betting most are Trump supporters.

Given your rather brutal profiling of immigration and customs officers, you seem to  be exhibiting the same bigotry for which you blame them ... generalizing negatively (and childishly) about a whole class of people based on superficialities ... and probably a few personal loss-of-face experiences.

 

Thankfully most immigrations officers behave more professionally than I expect you would in their position. Certainly most of them seem to be amazingly resilient and patient considering who they must deal with hour after hour, day after day.

 

 

 

Edited June 22, 2017 by Suradit69

[sawadeeken]

On 6/22/2017 at 8:18 PM, Naam said:

 

On 6/22/2017 at 7:29 PM, sawadeeken said:

Somewhere in the past I got an impression that you CANNOT stay in the US more than you stay out of the US, interpret that as you cannot visit the US more than 6 months in a 12 month period, which sounds likely the part that got you only 30 days. Once you start a new year (without exceeding 6 months total in a previous year) there likely will be a 6 month stamp...

your impression is wrong. we lived 15 years (1989 - 2004) in the U.S. about 9 months a year (paying taxes). questions such as "who are you, what are you" and "why are you" came up only after the 9/11 terror attack.

 

Sorry, But lets analyse this........ if you don't mind.........

you say...your impression is wrong. we lived 15 years (1989 - 2004) in the U.S. about 9 months a year

I say... Is this post pertinent to PRE-2004? or now?   You may very well have done that in 2004 but can you do it now?

You say:      we lived 15 years in the US

I question: is that proper use of a 'visitor visa' or 'tourist visa' or is that the abuse of it? But apparently you got away with it....... good on you......

You said:   (paying taxes)

I question: did the party with the 10 year Tourist Visa 'pay taxes' even though prohibited to be employed during their visit?

You say: questions such as "who are you, what are you" and "why are you" came up only after the 9/11 terror attack.

I reply: a lot has changed since the dinosaurs roamed this earth and a lot has changed since 9/11 (and 2004) as far as US Visitor Visas (and a few other things) are concerned.....

You claim that  "your impression is wrong" (or MY impression is wrong) and you may be right..........

But you could be wrong and I am very sure that - that is my present impression, as I stated until I am convinced to believe something different.........

My impression could certainly be wrong, so I did not state it as a fact, only as a matter of trying to be helpful........... Just the same as your info from PRE-9/11 may be helpful......

I hope that the OP has been enlightened and helped by both or either of our posts..........

Regards............. sawadeeken

 

 

 

[Flustered]

On 2017-6-22 at 2:18 PM, Naam said:

your impression is wrong. we lived 15 years (1989 - 2004) in the U.S. about 9 months a year (paying taxes). questions such as "who are you, what are you" and "why are you" came up only after the 9/11 terror attack.

You do not say what type of visa you had.

 

I was living in the States during this period and had to have an E2 visa in order to obtain a Social Security Card which was necessary for me to pay taxes. It was stamped Valid for Work Only with INS Authorization.

 

I do not see how someone with a tourist visa could obtain a Social Security card.

 

I should also have asked were these Federal or State taxes and also work related or property related?

Edited June 23, 2017 by Flustered

[Mrjlh]

I would suggest you contact your local Immigration office within the US the next time it happens.  Let them give you the explanation and then report back.

[TallGuyJohninBKK]

The Thai wife and I went back to the U.S. last Christmas on her first U.S. tourist visa and first use of it.

 

We were only planning to stay a couple weeks, when at Immigration, answered their question saying we were just back visiting family for the holidays, and they gave her a six month permission to stay.

 

At first, I thought we were going to have to queue up in a longish line (but not nearly as long as at Swampy sometimes) to get thru U.S. Immigration. But the Immigration staff there told me that my wife should go together with me into the much shorter U.S. citizens and green card holders line. And we got thru and out relatively quickly.

 

As I said, that was her first trip with her new visa and first use of it. I won't know till later this year whether they'll hand out another 6 month stamp, as they did last time, or a shorter one as with the OP's example.

 

One odd thing I noticed in my wife's Thai passport. They stamped her out departing from Swampy and stamped her in upon arriving at the U.S.  But no stamp when later departing from the U.S. and no stamp when arriving back in Thailand.

 

[Naam]

1 hour ago, Flustered said:

You do not say what type of visa you had.

 

I was living in the States during this period and had to have an E2 visa in order to obtain a Social Security Card which was necessary for me to pay taxes. It was stamped Valid for Work Only with INS Authorization.

 

I do not see how someone with a tourist visa could obtain a Social Security card.

 

I should also have asked were these Federal or State taxes and also work related or property related?

whether you can see it or not is irrelevant, we both had (still have) social security cards marked "not for employment". Florida has no state taxes but we paid a bundle of property tax for our home and of course federal income tax. for the record: even tourists are liable to pay income tax if they meet the "substantial presence test".

Quote

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
   • All the days you were present in the current year, and
   • 1/3 of the days you were present in the first year before the current year, and
   • 1/6 of the days you were present in the second year before the current year.

 

[sawadeeken]

13 hours ago, Naam said:

whether you can see it or not is irrelevant, we both had (still have) social security cards marked "not for employment". Florida has no state taxes but we paid a bundle of property tax for our home and of course federal income tax. for the record: even tourists are liable to pay income tax if they meet the "substantial presence test".

 

And are you aware whether this is in effect currently?  Or is this from Pre-2004?

Also were you given entry stamps upon arrival to US that allowed you to stay 9 months on a 'Tourist Visa?

And didn't your entry stamps 'Prohibit Employment' ?

[USNret]

The times indeed have changed. Used to be a foreign spouse could get an SSN just by marrying a US citizen. No longer.  If you have a foreign spouse, live outside the USA, and file jointly, your spouse will get a ITIN (Individual Taxpayer ID Number) to use in filing taxes. It is not an SSN and an ITIN does not authorize work in the US.  The foreign spouse will get an SSN only if/when they enter the US on an immigrant visa.  Been through the whole routine about 5 years ago -- Filed jointly from overseas for 5 years with her ITIN, then got the SSN about 3 weeks after she immigrated. 

[Naam]

7 minutes ago, sawadeeken said:

1 And are you aware whether this is in effect currently?  2 Or is this from Pre-2004?

3 Also were you given entry stamps upon arrival to US that allowed you to stay 9 months on a 'Tourist Visa?

4 And didn't your entry stamps 'Prohibit Employment' ?

1 yes, still in effect and that since many years. link to the IRS website:

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

2. no

3. no, we always got a 6-months stamp. but we rarely stayed 6 months at a stretch and spent in summer and winter a month or two in our house in Germany.

4. only the usual stamp "admitted till..."

[sawadeeken]

4 minutes ago, Naam said:

 

20 minutes ago, sawadeeken said:

1 And are you aware whether this is in effect currently?  2 Or is this from Pre-2004?

3 Also were you given entry stamps upon arrival to US that allowed you to stay 9 months on a 'Tourist Visa?

4 And didn't your entry stamps 'Prohibit Employment' ?

1 yes, still in effect and that since many years. link to the IRS website:

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

2. no

3. no, we always got a 6-months stamp. but we rarely stayed 6 months at a stretch and spent in summer and winter a month or two in our house in Germany.

4. only the usual stamp "admitted till..."

 

I am just guessing..... But the Federal Income Tax was filed for income other than working..... If so I can understand that.......

Also, in an earlier reply you sounded as if you lived in the US 9 months most years for 15 years......

Quote your statement below....

"your impression is wrong. we lived 15 years (1989 - 2004) in the U.S. about 9 months a year (paying taxes). questions such as "who are you, what are you" and "why are you" came up only after the 9/11 terror attack."

Now you sound like (reply to question 2 above) you you didn't stay there so much......

Maybe you can see why we have questions........ Just trying to figure out how this applies to the modern times and what changes have came about.........

[Naam]

8 minutes ago, sawadeeken said:

I am just guessing..... But the Federal Income Tax was filed for income other than working..... If so I can understand that.......

Also, in an earlier reply you sounded as if you lived in the US 9 months most years for 15 years......

yes, income other than working,

accumulated 9 months, sorry for not being precise.