Immigration Issues/Reentry with B2 visa

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Question
Dear Ajay
I have a B2 visa in my passport which is valid until 3 Dec 2009. I entered the US on 6 Jan 2009 and intended to to stay 6 months. Thus the Immigration Officer gave me an admission stamp until 5 July 2009. Travelling around the US I see now it takes more time and I would like to stay longer. Can I leave the country be the requested date 5 July 2009 and then re-enter again without problem since my B2 Visa is valid until 3 Dec 2009?
Thank you. Ursula

Answer
Hi,

You can do so, but this depends upon the discretion of the admitting officer at the port-of-entry. For example, if you stay in the U.S. for almost the full six months allowed per your I-94, and then you travel to Mexico or Canada for only a day, and when coming back you again request a full six months, questions can be raised as to whether you are an intending immigrant, how you are supporting yourself in the U.S. financially, whether you have been employed in the U.S. without authorization, how your extended visit will affect your employment or studies abroad, etc. Thus, you would probably be better off to either extend your stay within the U.S. by filing Form I-539 (I recommend consulting an experienced immigration lawyer): http://www.uscis.gov/files/form/i-539.pdf or else departing the U.S. and spending at least several months abroad (preferably in your home country) before again attempting a trip to the U.S. after you obtain a new visa stamp from the U.S. Consulate in your home country.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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