Visa Waiver Program Re-entry
Upvote:4
Assuming you are Dutch, basically I think you are right and the Dutch Embassy spokesperson was wrong:
CBP:
When traveling to the U.S. with the approved ESTA, you may only stay for up to 90 days at a time - and there should be a reasonable amount of time between visits so that the CBP Officer does not think you are trying to live here. There is no set requirement for how long you must wait between visits.
The Embassy spokesperson seems to have got confused with Schengen regulations – perhaps thinking you were visiting The Netherlands to study at The University of Amsterdam?
However, there may be a moral here. The VWP does not apply to those who travel for the purpose of study. There are exceptions such as “a short recreational course of study, not for credit toward a degree” but your study is presumably “for credit” – ie towards a degree, so might be deemed ineligible for VWP. I think the intent is probably to “catch” those studying at an American institution (not online to a Dutch one) but if your Embassy can misunderstand, so might a US Customs and Border Protection Officer.
It seems you run no particular risk of being turned away other than the routine prospect of an officer who feels uncharitable and the fact that you are making two visits in fairly rapid succession. It may however be worth emphasising the “be with my girlfriend” part and de-emphasising the “pursue my degree studies” part.
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Source: stackoverflow.com
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