ESTA travels - Good travel history but still very worried!

Question

I am 24 years old and I have been visiting the USA with family since I was 9 years old. Never overstayed, even had a J1 visa and left in my grace period. Last year I had 3 visits to the USA, each had 3 months and then 6 months in between.

My most recent visit was December 22nd 2023 until February 11th 2024. It was supposed to be until January 25th 2024, but both my brothers got sick with ear infections back to back, and we couldn’t travel with them feeling so sick.

Now, upon returning, my boyfriend (a U.S. citizen) and my father gave me a ticket to go see my boyfriend for my birthday. My birthday is March 6th. I will fly to him from March 2nd until March 9th (this is also my final PTO time).

Documents I will bring (besides ESTA, I-94 and passport)

• paycheck copies
• annual pay document
• letter with my boyfriend’s contact details -letter of my dad with a copy of his ID stating if needed he will finance me on my trip Bank statement of my own Copy of Groupons what activity we are going to do (bike rental in NYC in Central Park on my birthday)
• proof that my boyfriend and his family are coming to the Netherlands this summer, so I will be back in my home country
• Travel history, I always go home

I am very nervous, I do not want to violate the rules, I know visiting the USA is a privilege. I’ve been in my home country (the Netherlands) for 3.5 weeks upon my return, and I’m kind of scared that they might deny me entry because I was home for such a short time? This is my first time having a visit so soon after my initial visit, due to the fact that this was a birthday gift. Do I have to bring anything else?

Also, my current I-94 is valid until 03/22/2024, will they issue me a new I-94 or will my entry be under the same I-94?

Answer 1

Also, my current I-94 is valid until 03/22/2024, will they issue me a new I-94 or will my entry be under the same I-94?

Under the regulations, they're supposed to give you a new I-94 if you've traveled outside of North America and the Caribbean. But it doesn't really matter since you're not planning to stay past the expiration date of your previous I-94.

I really doubt that they'll give you a hard time, but, if they do, you're well prepared. Your boyfriend's plan to visit you in the Netherlands particularly works in your favor. Provided that the immigration officer believes it. Remember that even purchased tickets aren't ironclad proof: one can always buy a ticket and then not use it. Even if the officer believes that they'll use the tickets, it doesn't prove that you'll be in the Netherlands when they go there.

So don't present all of your evidence when you approach the passport inspector's desk. You don't want to appear overeager. Keep the evidence in reserve and use it only if the passport inspector questions your assertions. The usual advice is "answer every question fully and honestly, but don't volunteer information beyond the scope of the question."

The officer will probably notice that you're nervous, and may take that as a sign that you're trying to immigrate illegally. That will increase the likelihood of suspecting that your boyfriend's family's trip is a ruse.

The fact that you're planning to rent a bicycle on your birthday is probably not going to help much, mainly because the officer isn't likely to doubt that you're planning to celebrate your birthday with your boyfriend. You would do that regardless of whether you plan to go back home or to overstay your admission. The most convincing evidence will be that of your ties to your home: job, apartment, family. To that end, evidence of your leave from work is probably more important than evidence of your pay. Showing that your employer expects you to be present on Monday March 11th is probably the best evidence you have (unless you work remotely!).

Evidence of how you're going to pay for your trip is unlikely to be necessary since you come from a place with a similar cost of living and have already visited several times without this being a problem.

In short, given your history, the officer is most likely going to believe your story that you're returning for yet another in your series of short visits to your boyfriend. Relax and have fun. Happy birthday!