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Gap between visits for B2 visa

Discussion:
Gap between visits for B2 visa
  Hi ,
My mother has 10 year Multiple entry visitor. In the past ( in 2002), she visited US for two times with six month between teh visit.
This year, she would like to visit us twice with 2-3 month gap between the visit. Is there restriction on the gap between two visits on visitor visa.
Regards,
Mridul
Answer:
We are more concerned with the total time spent here in the US, then the time between entries.
A B1/B2 visa holder can not spend more time in the US then their home country.
If she was here for 6 months and leaves for a few weeks or months and then returns for another 6 months, there will be problems.
If she was here for a few months and left and comes back for a few months, there should not be a problem.
Count from the start of her last visit and ensure she does not spend more then 180 days in the US.
Answer:
About 180 days: How come many people on B1/B2 are given I-94 that are valid for 6 months, which happens to be more than 180 days (usually 182 or 183 days)?
Answer:
This is all crap, assumptions. There is no such a law on this issue.
It is always discretionary decision by the officer at POE.
The law says that common rule is that on entry on B1/2 you can get I-94 for 6 month of stay and then apply for extension but not more than 1 year total.
All other considerations are up to the officer.
But if you try to reenter in a couple of months, of cause it looks suspicious.
Answer:
PLEASE provide your feedback on my situation!
  Originally Posted by CBP Officer We are more concerned with the total time spent here in the US, then the time between entries.
A B1/B2 visa holder can not spend more time in the US then their home country.
If she was here for 6 months and leaves for a few weeks or months and then returns for another 6 months, there will be problems.
If she was here for a few months and left and comes back for a few months, there should not be a problem.
Count from the start of her last visit and ensure she does not spend more then 180 days in the US.
Hi there!
As a brief introduction, previously I was a master's student on J1 visa funded by US government grant. I've studied from Aug. 2003 to Sept. 2005. Despite the fact that I was having difficulties with my studies and was behind my academic program, when my DS 2019 expired my sponsors urged me to return home in late Sept. 2005. So, I had to return home with unfinished MA thesis.
By the way, in 2004 I got married to US citizen (born and raised) and since then we've been living together. Before my return home I’ve applied for J1 waiver with "No objection" letter given by my government. Logically, it was rejected because funds came from US government not my country and US wanted to implement changes (democracy and economic liberalization) by hands of folks like me upon our return.
So, I stayed in Uzbekistan for 3 months and in mid December 2005 applied for visitor's visa saying to consular officer that I need to visit my wife and also finish my MA thesis. Luckily I was granted a multiple entry 4-year B1/B2 visa, although I was taking a risk due to my previous J1 status. Because technically I have 2-year home residency requirement imposed by J1 visa. However, it's not required to serve 2 years at home immediately and this can be done over the time as a short few-month periods. And of course no here petition was filed because of my 2-year home residency requirement which must be either met or waived. Perhaps that played a positive role too. Anyway, God bless that US Embassy consular officer!
At the port of entry (NYC) I was granted 6-month I-94. However, my school’s department, which deals with foreign students, informed me that by here regulations I’m not allowed to engage in study or research with my current B2 visa. I must have either J1 or F1, application process for which may take about 3 months and $300. And of course given my situation (just unfinished MA thesis), it’s not guaranteed that I’ll be granted a student visa and if I not may put myself in a worse situation. So, after some consideration I decided to temporarily withdraw from my MA program and keep informally working on my MA thesis at home on my own. Since I didn’t want to lose my B2 visa it seemed to me the only right solution.
My I-94 is very close to its expiration (too late to extend) but I’m still quite far from finishing my MA thesis. I wanted to reenter US right after 2 weeks so that I can keep working on my thesis at home in US because finally I got a positive mood for work.
I was wondering, will I be taking a big risk if I reenter US after 2 weeks? Because my friend told me that some people can be even deported for such ultra quick reentry. Although they have been just a mere visitors and are not married to US citizen like I do. I believe it will be considered at the port of entry as well. What risks am I taking?!
What can I bring as an argument to support the need for my quick return? I can say that I want to spend time with my wife but technically it is a weak argument because I was here for 6 months. Also, I can’t argue at port of entry the need to finish my MA thesis because I’m on B1/B2 visa. But still I intend to mention that I have pending MA thesis. Would it make a difference if I wait at home 4 weeks or is it almost as bad as 2 weeks? Because I really wanted to reenter within 2 weeks so I could keep working on my thesis (since I finally got a positive work mood or inspiration) and of course stay with my wife as much as possible. Unlike many people, I really don’t intend working illegally in US, so it’s not a hidden reason of my quick return to US. But I assume that would be one of the main concerns of an officer at the port of entry? I just wanted to keep using assistance of the local public library in the US city where I live, they do good interlibrary loan from other libraries in the state and been quite helpful in finding me most books from my list.
Thanks for attention!
I will greatly appreciate any valuable prompt feedback!
Answer:
Originally Posted by helper00 Hi ,
My mother has 10 year Multiple entry visitor. In the past ( in 2002), she visited US for two times with six month between teh visit.
This year, she would like to visit us twice with 2-3 month gap between the visit. Is there restriction on the gap between two visits on visitor visa.
Regards,
Mridul we are also in the same situation like yours. Did your mother came back after 2-3 months gap. Was there any issues?
Answer:
Hi,
I wonder what happens when I enter US third time on my 4-year B1/B2 visa on April 2008. How high is the risk of being sent to secondary inspection or deported?
Here is my arrival/departure records for B1/B2 visa, at POE visa was always classified as B2.
I was always arriving with 6-month open date round-trip ticket.
ARRIVED: Early January 2006 - DEPARTED: Early July 2006
(In JFK was granted 6 months I-94 and spent them all in US)
ARRIVED: Early January 2007 - DEPART: will leave Early July 2007
(In JFK was granted 6 months I-94 and spent them all in US)
Next (3rd) planned trip will be again via JFK (the same day will fly NYC-CHI as on other trips):
WILL ARRIVE: Early April 2008 - DEPART: Will ask for 6 months to spend with my spouse, who is a US citizen.
I'll arrive with 6-month open date round-trip ticket.
Note, I-130 Petition was never filed because I still have 2-year HRR for my previous J-1 status (Aug. 2003-Sept. 2005). By April 2008 there will be 6 months left out of 2-year HRR. I've been spending them in installments.
When I arrive in April 2008 to NYC-JFK, I'll have connecting flight to Chicago a few hours later. From there my wife will pick me up by car.
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MY QUESTIONS:
1. What are the chances that CBP officer may send me to secondary inspection or in worse case scenario deny my entry if I arrive to US third time, considering my previous visits to US?
2. What questions should I anticipate at JFK POE and what arguments/answers to bring in interview as defense/response?
Thanks for your valuable input!
Answer:
A1: No one can predict what will happen at the POE. At times even first time visitors are sent to secondary. It all depends on the inspector.
A2: You will be asked to justify your current admission request. You may also
be asked to elaborate what all you did over your two past (and lengthy) visits. Depending on the officer's interpretation, it can vary from a casual conversation to a secondary grilling. Just stick to the truth and do not volunteer any additional information.
Good luck!!!
Originally Posted by AkaMuzik (Post 1712703) 1. What are the chances that CBP officer may send me to secondary inspection or in worse case scenario deny my entry if I arrive to US third time, considering my previous visits to US?
2. What tough questions should I anticipate at JFK POE and what arguments/answers to bring in interview as defense/response?
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