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bagheera75

Help! Don't know in which direction to run!

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Filed: Other Country: China
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4 hours ago, C90 said:

If she stays the full 90 days, its best to stay out of the States for 91 days before re-visiting on an ESTA. THIS IS A RULE OF THUMB, NOT AN ACTUAL WRITTEN DOWN RULE.  I found a topic on another website where CBP actually emailed this to someone. In the end it's CBP that decides if they think you're going to enter on an ESTA to adjust status here or not and give you permission to enter the country. Don't know how CBP came up with not visiting until November 2019 date though, she might have misunderstood the CBP officer.

The general concept is to spend less time in the US than out.   So, if you'll already spent six of the last 12 months in the US, stay out until that is no longer true.  Often they just look at how long your last visit was, and expect you to stay out for at least as long as your last visit.  Both "tests" can and often are applied.  

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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