Entered the US under the VWP last year for collectively 5 Months. Been away 12 months. Will i be OK to return?

Question

Please share your knowledge!

Answer 1

No one can guarantee that you will be admitted. That is decided at the time of your application for admission.

The immigration laws distinguish nonimmigrants from immigrants by considering all visa applicants to be immigrants unless they can prove that they are entitled to a nonimmigrant classification.

At this moment, you're considered an immigrant. If you can show the inspector at the time of your arrival that you are eligible to enter under the VWP program, you'll be admitted.

Previous violations of the program would eliminate a person from using it again. When a person spends 40% of a year in the U.S. as a "visitor," that makes inspecting officers wonder "Why?"

In any case, you can try to enter the U.S. under the VWP if you want.

Answer 2

As long as you didn't stay over 90 days on any of your past visits, you will be OK to enter US.