90 days stay with tourist visa in USA
Chile has VWP, yet I still have the regular tourist visa stamp on my passport and must enter the USA with it. If I leave the country (USA) for a few days to go to Canada and then return, does a new 90-day stay period start running upon re-entry or is it also considered a temporary leave as with the VWP?
Best Answer
When entering the US on a B1/B2 visa you will not be given the same 90 days entry as for a VWP. The exact time you're giving will depend on the circumstances and the border official, but in general for a B1/B2 you are likely to be granted 180 days entry to the US.
If you leave to Canada and re-enter, then the border agent has the choice of either granting a new 180 day stay, or continuing your previous stay using a process called "Automatic Revalidation". Presuming your US visa is still valid then they could do either of these. If your US visa happened to expire before your re-entry then they will go the Automatic Revalidation path as that allows you to re-enter even with an expired visa.
Either way, presuming you are granted the standard 180 day entry, you will not be subject to any form of 90 day limit.
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What happens if you stay in USA over 90 days?
Cases of overstaying a period of stay in the U.S. by 180 or more days but less than one year are punishable by prohibition of travel to the U.S. for three years. Overstaying for one year or longer is punishable by prohibition of travel to the U.S. for 10 years.How long can you legally stay in the US with a tourist visa?
The B1/B2 Visa is valid for 10 years, but for each entry, you are allowed to stay in the United States of American only for 180 days or 6 months (at most).Can I stay in USA for 3 months?
The only way to stay in the US for more than 90 days is to obtain a B1/B2 visa, which will allow you to stay up to 6 months. However in general the US is relatively strict regarding granting B1/B2 visas to people who are otherwise eligible to use the Visa Waiver Program (which allows for stays up to 90 days).Can you stay in the US for more than 90 days in a year?
If you want to stay longer in America, you must apply for the appropriate USA visa. For travelers looking to stay in the United States for this period of time, it is easy to interpret the 90 days as approximately 3 months; this causes some people to book the return flight exactly 3 months after the outbound flight.What is the Visa Waiver Program in USA | ESTA | Stay for 90 Days in the U.S.A | Zavala Texas Law
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