When can my mother reenter the USA after a 5-month stay?

When can my mother reenter the USA after a 5-month stay? - Free stock photo of 4th of july, african american people, american flag

My mother has a B1/B2 visa. She is returning to Nepal after a 5-month stay in the USA with me. She wants to come back again after two months. Can she come? What would be the procedure?



Best Answer

There’s a very good chance that if your mother comes back to the USA after just two months following a five month stay, that the immigration control officer will conclude that she has immigration intent and that she shouldn’t be using a B1/B2 non-immigrant visa but instead should return to Nepal and apply for a family immigration visa (which may take years to process).

I assume you want to avoid this.

It’s hard to know exactly what metric the American immigration officers use for flagging B1 entries but one general rule of thumb is to spend more time in your home country than outside of it.

So if she was in the USA for five months, she should try to spend at least five months if not more in Nepal before trying for another reentry.




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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.

How long do I have to leave America before I can re enter?

There is no set period you must remain outside the USA before returning but: "When traveling to the U.S. with the approved ESTA, you may only stay for up to 90 days at a time - and there should be a reasonable amount of time between visits so that the CBP Officer does not think you are trying to live here.

When can you revisit USA after an initial visit?

Can I go to other countries while I'm in the U.S. on a B1 or B2 Visa? B-1 or B-2 Visas: During your visit to the U.S., you may visit Canada or Mexico for up to 30 days and re-enter the U.S. as long as you re-enter within the period noted on the Form I-94 which you received when you first entered.

Can I reenter the US after overstaying?

Overstays & Unlawful Presence If you enter the United States with a valid visa (for example, a tourist or student visa) and overstay by less than 180 days, your visa will be considered void and you'll need to get a new visa in your home country if you want to come back to the United States.



Can your loved ones return to the US after Deportation or Voluntary Removal? [Q\u0026A]




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