Getting a B-2 Visa two months after staying 90 days in the US

I'm a Spanish citizen who just finished his studies in Germany. Soon I'll be moving back to Spain, but I'm planning to spend some time in the US during this and next year visiting friends and applying to some universities.

My idea was to fly to the US in September with the Visa Waiver Program and stay less than 90 days, then go back to Spain for about 2 months and apply for a B2 Visa, and then stay again in the US for 5 to 6 months.

I spent 3 weeks in the states last March, and a month on August 2013. I'm worried about not being let in when I arrive in September because I was there not too long before, and/or not getting the Visa because of the same reason.

I'm not planning to do any kind of paid work and have never had problems with immigration or done anything illegal while in the US.

Should my plan work?

Best Answer

Please keep in mind that it's impossible for anyone other than US Immigrations/CBP to give a definitive decision on questions like this, however...

For your initial entry I would not expect any issues. You have only had 2 relatively short trips to the US over the past >1 year - well within what is allowed, and well within the general rule of thumb that you need to spend more time out of the country than in it. I would not expect you to have any problems in this case.

However when it comes to B2 applications things can be very different. By applying for a B2 visa you are admitting that you are looking to stay in the US for > 3 months. Add that to the time you will have already spent there this year ("less than 90 days" - you haven't said exactly how long) and the fact that you'll have only been out of the country for ~2 months, and there is a real possibility that the consulate staff will be hesitant to issue you a visa for another 3-6 month entry.

As I said above, nobody can say with any certainly what will or will not be allowed - however attempting to say in the US for around 8 months in a 10 month period is probably excessive by most standards, and there is a real chance you will not be allowed to do so.

Pictures about "Getting a B-2 Visa two months after staying 90 days in the US"

Getting a B-2 Visa two months after staying 90 days in the US - Pen on to Do List Paper

Getting a B-2 Visa two months after staying 90 days in the US - From above of closeup flattering national flag of USA with white and red stripes and stars on blue background

Getting a B-2 Visa two months after staying 90 days in the US - Two Man Sitting on Pink Flower Field

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 soon can I reenter the USA on B2 visa?

If you have a B1/B2 visa, you can visit the United States whenever you want to \u2013 as long as your passport is valid.

Can I come back to the US after staying for 6 months?

Maximum Period of Authorized Stay Therefore, a person who stays for six months and, instead of applying to extend their visit inside the U.S. if they are a visa holder or a Canadian, departs and attempts to return to the U.S. in less than six months from the departure date, will be barred from re-entry for six months.

What happens if you overstayed your B1 B2 visa with a couple of weeks?

If you overstay by 180 days or more (but less than one year), after you depart the U.S. you will be barred from reentering for three years. If you overstay by one year or more, after you depart the U.S., you will be barred from reentering the U.S. for ten years.

Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

Images: EKATERINA BOLOVTSOVA, Breakingpic, Karolina Grabowska, Cole Keister