How long must one stay out of the U.S. before returning again on a visitor visa?

[J-rap]

My son-in-law has a 10-year visitor visa (or tourist visa, not sure what it's called) to come to the U.S., and can stay for a period of 6 months at a time.

 

Does someone know how long he needs to be out of the U.S. before returning again?

 

He and my daughter were here for four months this past fall. They are traveling to Italy/Spain next month, and the flight they want to take transfers in the U.S. I know that even just being in a U.S. airport on a layover requires a visa. He will have been out of the U.S. for 3.5 months.

 

Technically, he wasn't here for the whole 6-month period last time, just 4 months, although I don't know if that matters. The bigger question is that we can't seem to find out how long he needs to be out of the U.S. before returning again, even just for a layover. (both legs of the trip)

 

Don't want problems at the Newark airport!

[Arcadia]

It is a B2 visa, my mum has one. Your son-in-law would not have a problem with a layover. He will just need to show his boarding passes to prove that he is on a layover/stopover. Everytime he comes to the USA, your son-in-law would just have to make sure he has a return ticket to show the customs officer.

[J-rap]

Thank you. That's very helpful!

[Lanny]

My son-in-law has a 10-year visitor visa (or tourist visa, not sure what it's called) to come to the U.S., and can stay for a period of 6 months at a time.

 

Does someone know how long he needs to be out of the U.S. before returning again?

 

He and my daughter were here for four months this past fall.

<snip>

 

Do NOT assume that he can stay up to 6 months at a time, with his Multiple Entry Visa. That is simply not true. The immigration officer, at the U.S. Port of Entry, specifies the maximum number of days that one can stay in the USA. That could be 5 days or 20 days or 90 days or 6 months, etc.

 

The immigration officer at the U.S. Port of Entry makes the final decision, about whether or not someone who is not a U.S. Citizen can enter the USA. Having a visa is the first step. The final decision is made by the immigration officer. Having a visa is NOT a guarantee that someone will be able to enter the USA.

 

If your daughter is a U.S. Citizen, my belief is the Immigration Officer at the U.S. Port of Entry will be very lenient with your son in law, if they enter the USA together, and permit long stays like that, because he is married to a U.S. Citizen.

 

Long stays in the USA will probably raise eyebrows, in the future, if they are numerous........

[ebunny]

3.5 months is OK for layover. Ideally, there should be a 6 month gap between leaving and returning back to the U.S. (at least back in 2011...don't know the immigration rules now).

 

For a layover, I wouldn't worry too much. Especially as he has the multiple entry 10 yr visitor visa.

 

To cover all bases, has he tried contacting the airlines and asking them?

When we lived in the U.S. and had relatives come over on the 10 yr visa, very often the airline staff knew the visa regulations or would help us get in touch with the right authority . They're also more accessible as compared to the immigration dept.

[Laura Corin]

Spam reported

 

L

[Lanny]

That is so bizarre. 

 

@RoyRogers: This is a very old thread but I happened to see your comment to what I had written. What part of what I wrote do you think is bizarre?

 

The ultimate decision, for someone who is not a U.S. citizen, is always made at the U.S. Port of Entry. Having a valid U.S. visa is the first requirement. Someone with a valid visa can, at the Port of Entry, be sent back to the country they arrived from. It happens every day. I guarantee you that as I write this post, there are people in Miami International Airport, and at International airports all over the USA, who have been detained and will probably not be allowed to enter the USA. They have valid U.S. visas. The airline that brought them to the USA is responsible for their transportation from the USA to another country...

 

The Immigagration person in the U.S. Port of Entry can permit a stay of between one day and 6 months, for someone with a B1/B2 (Tourist/Business) Visa. The immigration person makes the decision about how many days to permit.

 

I attended a meeting, in Cali, several years ago, for U.S. Citizens, put on by the U.S. Embassy. The man who was at that time the "Consul General" was there. The woman who was in charge of the Fraud Unit, and one other person came here from Bogota.  They spoke a lot about Visas, because they know that people ask us (U.S. Citizens who are Residents here) about Visas, frequently...

 

Another subject came up, from 2 people in the audience, about how one can lose a  "Permanent Residence" Visa (Green card), by being out of the USA for more than 12 months. Two people in the audience had overstayed their time here and had lost their U.S. Residence.

 

I am not sure about how long one needs to be out of the USA, after a long stay. . I cannot remember that, but I am certain that when that  person needs to Renew their U.S. Visa, that it will raise eyebrows and that the Consul will question them, about what they were doing in the USA, for so long, and how they were able to support themselves there, for so long. Many people who do that work, illegally, in the USA, attend school, illegally, in the USA, etc.  Long stays in the USA on a B1/B2 visa are very suspicious.