Hello,my name is Judith. Thank you for this opportunity to answer your questions.

It will be up to the customs inspector at your entry to determine whether you are admissible. The burden is on you to prove the intent to return.

Section 214(b) is part of the Immigration and Nationality Act (INA). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, or at the time of application for admission, that he is entitled to a nonimmigrant status...

I would suggest that you have additional evidence of your compelling ties to the UK that will draw you back such as a job offer letter, evidence that you have taken steps to secure a flat, if you are returning to UK to pursue additional studies, proof of admission to a program there, etc.

The customs looks at your 60 day grace period as the time to pack up and prepare for travel. Therefore, using the ESTA VWP to enter as a tourist is really not being a tourist to come back to pack up to leave.

It will be a unpredictable call because it will depend on the inspector who interviews you .

Judith

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The information provided is general in nature and should not be construed as legal advice or to create an attorney-client relationship. The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice. By accepting you agree you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.

Judith

If I answered your question please leave rating, if I earned a BONUS, it is appreciated.

Please feel free to ask me another question with a new thread – if you’re a subscriber, you can do so at no additional cost beyond your monthly payment. You can bookmark my profile page here so you can come back and ask me a question anytime: http://www.justanswer.com/law/expert-askimmigrationlaw/

If you want to request me in the future start your question "FOR JUDITH" and I will answer quickly.

The information provided is general in nature and should not be construed as legal advice or to create an attorney-client relationship. The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice. By accepting you agree you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.