Enterline & Partners Consulting | info@enterlinepartners.com

How Often Can Someone Visit and Stay in the United States on a B-1 B-2 Visitor Visa?

It is often misunderstood that those who enter the United States on a B-1/B-2 Visitor Visa and granted a 6 month stay are allowed to leave the United States, re-enter and be granted another 6 months upon re-arrival. While there may be reasons why this is acceptable, and many visitors who have done so  may not have encountered any issues, frequently applying for reentry  could result in the visitor being denied entry into the United States if the Customs and Border Protection (“CBP”) Officer determines that the visitor does not have “non-immigrant intent” – but rather “immigrant intent.”  Proving non-immigrant intent is the number one requirement for eligibility to enter the United States as a visitor, and consecutive long periods of stay are indicative of more permanent intent to stay in the United States.

Visitors who arrive in the United States for long-term visits (up to 6 months at a time) with short gaps in between each visit may have more difficulty proving non-immigrant intent and have a higher risk of having their B-1/B-2 Visitor Visas revoked by a CBP Officer and sent back to their origin because of a belief that the arriving visitor is “living” in the United States as opposed to merely “visiting” the United States. This can occur even if the arriving visitor fully complies with the terms and conditions of his or her B-1/B-2 Visitor Visa, such as not having engaged in unauthorized employment.

Visitors who make long term visits such as 3-6 months with large gaps in between each visit are in a better position than visitors who make  long-term stays with short gaps in between each stay. These visitors should be prepared to answer questions raised by a CBP officer regarding ties to their country of residence, such as employment, family, school, reasons for long visits in the United States, etc.

Visitors who take frequent short trips to the United States for a few weeks at a time throughout the year for business meetings, conferences, visiting friends and family, etc., will have a lower risk of having issues with a CBP officer upon arrival. However, these visitors should also come prepared to answer questions regarding their trip, such as being able to explain their itinerary as well as showing proof of a return ticket to their country of residence.

Holders of B-1/B-2 Visitor Visas living in Asia who may have questions regarding frequent short and long-term visits to the United States are encouraged to contact us at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

Suite 601, 6th Floor, Saigon Tower
29 Le Duan Street
Ben Nghe Ward, District 1
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488

Email: info@enterlinepartners.com

Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ

Website: http://enterlinepartners.com

Manila, Philippines Office

LKG Tower 37th Floor
6801 Ayala Avenue
Makati City, Philippines 1226

Tel: +632 5310 1491

Email: info@enterlinepartners.com

Facebook: Enterline and Partners Philippines

Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2022. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

CATEGORY
time
recent posts
CTA_Collection

contact us today for more information

Latest News

What Is An Alien Registration Number And What Is It For?

The U.S. Alien Registration Number, commonly abbreviated as an A-Number, is a unique identifier assigned to non-citizens by the United States Citizenship and Immigration Services (“USCIS”). This A-Number begins with the letter “A” followed by 8 or 9 numbers (such as A012345678).  It is used to track individuals throughout their interactions with U.S. immigration authorities. Who Has a U.S. Alien Registration Number? Anyone who is not a U.S. citizen but resides in the United States may be assigned an Alien Registration Number. This includes Even individuals who are in the U.S. without legal authorization may have an A-Number if they have had interactions with immigration authorities or if they are in proceedings to determine their immigration status. What is the U.S. Alien Registration Number it used for? How to Find Your U.S. Alien Registration Number If you are unsure whether you have a U.S. Alien Registration Number or need to

Read more >

What Does A 214(b) Refusal Mean in U.S. Immigration Law?

A 214(b) refusal in U.S. immigration law refers to a specific section of the Immigration and Nationality Act (“INA”) that is often cited when a U.S. consular officer denies a nonimmigrant visa application. This section is often seen with individuals applying for B-1/ B-2 Visitor Visas but it is applicable to all nonimmigrant visa categories such as F-1, E-1/E-2, and L-1, etc. What Is a 214(b) Refusal? When a consular officer issues a 214(b) refusal, it means the officer, independently and subjectively is of the opinion the nonimmigrant visa applicant did not sufficiently demonstrate qualification for the visa category applied for.  This is at the discretion of the interview consular officer.  Often the applicant did not demonstrate sufficient ties to their home country. In essence, the consular officer is concerned that the applicant may overstay their visa or may use the visa for purposes other than what the applicant has

Read more >

What is the DS‑260, Its Role in Consular Processing, and Why Accuracy Matters?

If you are applying for a U.S. immigrant visa, completing the online Form DS-260 is a major step in the immigration process once the United States Citizenship and Immigration Services approves your petition. The DS-260 asks for detailed personal, family, and background information, which helps the United States Department of State (“DOS”) confirm your identity and eligibility. If the DS-260 is not properly completed, it can lead to the visa process being delayed. At Enterline and Partners, we help clients avoid such roadblocks by making sure their DS-260 is accurate and complete from the start. In this guide, we’ll cover what the DS-260 is, when to file it, and the key things to keep in mind during the overall process. When and How to Open Your DS-260 You will be able to begin your DS-260 once the National Visa Center (“NVC”) which is under DOS, confirms that your fees are

Read more >
Vietnam
icons8-exercise-96 chat-active-icon