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Rubee

Visitor Visa trip to out of USA can she get again entry..?

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Hello everyone.. My mother lives with she has visit visa and she has the entry until July 25.. she also have the visitor visa of Canada my question is? 

 

If we travel Canada and stay there for 1 or 2 month and come back USA again will she be able to get the entry to US or not? 

 

Anyone have gone through from this kind of situation please share ur experiences.. becasue i heard if a visit visa holder travel to any other country than ur home country for 2 months or 1 month they could be able to get the 6 month entry to USA again? 

 

Thanks

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By entry until July 25 do you mean she was given an i94 valid until July 25 or that her visitor visa expires July 25?

 

7 minutes ago, Rubee said:

Anyone have gone through from this kind of situation please share ur experiences.. becasue i heard if a visit visa holder travel to any other country than ur home country for 2 months or 1 month they could be able to get the 6 month entry to USA again? 

 

No, if someone travels too often and has already stayed in the US 6 months recently, it is very very unlikely the person will be allowed back. Also, Canada and Mexico do NOT reset the i94. So if the i94 says she can stay until July 25, it means going to Canada or Mexico will NOT work to come back to the US because everything will be part of the same trip (the one in which she is not allowed to stay in the US after July 25).

 

Being from Pakistan better not mess up the visa or she won't be able to visit ever again.

 

 

Edited by Coco8

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1 minute ago, Coco8 said:

By entry until July 25 do you mean she was given an i94 valid until July 25 or that her visitor visa expires July 25?

 

 

No, if someone travels too often and has already stayed in the US 6 months recently, it is very very unlikely the person will be allowed back. Also, Canada and Mexico do NOT reset the i94. So if the i94 says she can stay until July 25, it means going to Canada or Mexico will NOT work to come back to the US because everything will be part of the same trip (the one in which she is not allowed to stay in the US after July 25).

 

Being from Pakistan better not mess up the visa or she won't be able to visit ever again.

 

 

Thanks i am really worried for that we are from Pakistan so it's better she goes to home country and come again after 5 months or 6..

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15 minutes ago, Rubee said:

Hello everyone.. My mother lives with she has visit visa and she has the entry until July 25.. she also have the visitor visa of Canada my question is? 

 

If we travel Canada and stay there for 1 or 2 month and come back USA again will she be able to get the entry to US or not? 

 

Anyone have gone through from this kind of situation please share ur experiences.. becasue i heard if a visit visa holder travel to any other country than ur home country for 2 months or 1 month they could be able to get the 6 month entry to USA again? 

 

Thanks

No it doesn't work like that. Going to Canada and Mexico does not reset the clock. Immigration caught on to that trick a long time ago and put a stop to it.

 

So if your mother has been in the US for 12 weeks, goes to Canada for 2 weeks, then comes back to the US... she will continue with week number 13 in the US.

 

Quote

Thanks i am really worried for that we are from Pakistan so it's better she goes to home country and come again after 5 months or 6.

The rule of thumb is for a person to be out of the US twice as long as they were in. For example, if a person was here for 6 months, it is best for them to wait 12 months before they return. Again, this is just a suggested rule. We have seen people loose their visitor visa for visiting the US less often than that. Remember, a visitor visa is for visiting, not living in the US. Multiple extended  stays for months will look like a person is living in the US.

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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2 hours ago, Rubee said:

Thanks i am really worried for that we are from Pakistan so it's better she goes to home country and come again after 5 months or 6..

How long has she stayed this time around? If she stayed 6 months already, she needs to wait at least one year. 

 

 

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6 hours ago, NuestraUnion said:

 

 

So if your mother has been in the US for 12 weeks, goes to Canada for 2 weeks, then comes back to the US... she will continue with week number 13 in the US.

 

 

Actually, she effectively continues with week 15. She still has to leave within her original I94. 

 

https://help.cbp.gov/app/answers/detail/a_id/751/~/traveling-to-other-countries-while-in-the-u.s.-on-a-b1-or-b2-visa

 

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Remember she is visiting you not living with you.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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13 hours ago, Rubee said:

Hello everyone.. My mother lives with she has visit visa and she has the entry until July 25.. she also have the visitor visa of Canada my question is? 

 

If we travel Canada and stay there for 1 or 2 month and come back USA again will she be able to get the entry to US or not? 

 

Anyone have gone through from this kind of situation please share ur experiences.. becasue i heard if a visit visa holder travel to any other country than ur home country for 2 months or 1 month they could be able to get the 6 month entry to USA again? 

 

Thanks

She cannot live in the US on a visit visa; US trips on a B2 should be temporary in nature.  Does she have ties to her country of origin? 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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1 hour ago, WeGuyGal said:

She cannot live in the US on a visit visa; US trips on a B2 should be temporary in nature.  Does she have ties to her country of origin? 

for past 3 years she travels back and forth to USA and my home country she stays here 6 months and goes back our home country and come back after 6 months and she gets entry every time.

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Every time so far.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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1 hour ago, Rubee said:

for past 3 years she travels back and forth to USA and my home country she stays here 6 months and goes back our home country and come back after 6 months and she gets entry every time.

Don’t be surprised if that changes one day, especially if she like you starts talking about “living” in the US

 

Hopefully you have a plan b for if she gets refused and her visa revoked for visiting too often, if you search past threads it has happened before 

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9 hours ago, SusieQQQ said:

Actually, she effectively continues with week 15. She still has to leave within her original I94. 

 

https://help.cbp.gov/app/answers/detail/a_id/751/~/traveling-to-other-countries-while-in-the-u.s.-on-a-b1-or-b2-visa

 

This is good to know, thanks. I'm Canadian so never needed to know this. One question from the link:

 

"For instance, if you come to the U.S. on the July 10th on a B2 Visitor Visa, you may go to Canada and/or Mexico on or after December 10th, and reenter the U.S. any time up until January 10."

 

Why must it be on or after December 10th specifically, and not before?

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4 minutes ago, Teemo said:

This is good to know, thanks. I'm Canadian so never needed to know this. One question from the link:

 

"For instance, if you come to the U.S. on the July 10th on a B2 Visitor Visa, you may go to Canada and/or Mexico on or after December 10th, and reenter the U.S. any time up until January 10."

 

Why must it be on or after December 10th specifically, and not before?

That bit is badly worded, the point is that you have 30 days max and have to leave on the original I94 - they chose the date as an example to illustrate both using the max and then having to leave the US the same day you get back.  You can certainly go earlier than that and/or for shorter than 30 days. But you can’t go after (in that example) Dec 10, stay for 30 days and then expect to get back into the US because you’d be past the original I94. 

 

They did also highlight that if you go to a non-contiguous country to re-start the I94 that you may be subject to closer inspection than otherwise.

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Many Indian/Pak nationals specifically tend to divide 6 months between the US and home country. Misuse/abuse if a common MO!  The envelope is pushed a few times until CBP discerns the pattern and issues a shorter duration i-94. That's when a lesson is learned. 

 

Bears repeating that a b2 visa is for temporary visits of a short duration. She won't get a 6-mo duration every time. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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