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B2 Visa - Question

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  • B2 Visa - Question

    My friend came to US on Jun 2016. Just before the I-94 expiry on Dec she went back and came back within 10 days. She now has a I-94 valid till JUN'17. She has 10 year B2 Visa. She will have to travel back on June with the intention to come back within 15 days. My question is can she do that or she be denied entry into US at the POE? Isn't there a minimum gap that you have to maintain between visits? Has anyone faced a situation like this or know someone who have been visiting US without any issue back to back after every 6 month.

  • #2
    Anytime someone enters the US with a visa, especially a visitor visa, they can be denied entry. Even someone with the cleanest record and hasn't been in the US a long time can be denied entry. It is completely at the officer's discretion. There is no rule on how long you have to be out of the US. But to an officer, being continuously in the US with brief gaps outside really does not look like you are a visitor.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Rule of thumb is that you should stay out at least as long as you have been in, she also needs to be aware of the IRS reporting requirements as she would be resident for tax purposes.

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      • #4
        Thanks

        But is there anyone here who knows someone with similar situation where he or she was rejected an entry. Plus is there a way to know sure fire that she has already overstayed her welcome in US. What's the point of booking a return ticket if there is a very chance of getting rejected at port of entry
        Last edited by roychoudhury@houston; 02-06-2017, 05:04 PM.

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        • #5
          Plenty of reports about people being sent home, you need a return ticket to go home, returns are cheaper than singles anyway.

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