6 month stay with US 10 year multiple entry B2 Visa per year or per visit Code Answer

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My mother has a 10 year multiple entry B-2 Visa. She has come and stayed here many times: from 2 months to 6 months. She also has a 10 year tourist visa for Canada and has used it once for a weekend trip.

She is coming again this year for 6 months – June to December.

If, at the end of the 6 months, she goes to Canada for a few days, can she come back in to the US as a second visit for another 4 months?

I am on H4 visa and husband is on an H1B. My mother’s previous visits were to my sister and her husband who are both citizens.

Answer

Your mother is allowed six months per visit, as you know. Leaving after six months for just a few days, returning for another four months will look very much like she’s trying to live in the US. She risks being refused entry.

This is at the discretion of the border guard, who is required to presume immigrant intent. She may have been allowed entry under what appears to be similar circumstances before, but that’s no indication of what will happen now.

As your mother makes more visits, and the visit length increases, it’s more likely that she will be denied entry.

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