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can i leave and re-enter the US after 90 days?

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sol
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Posts: 1
Joined: Sat Jan 31, 2009 6:57 am

can i leave and re-enter the US after 90 days?

Post by sol » Sat Jan 31, 2009 7:03 am

hi, i really need help on this one.

i am a 19 year old male UK citizen currently staying in the US on a standard 90 day holiday visa. it expires in less than a month and i am currently in the process of applying for an 0-1 artist visa.

if i leave say 5 days before the 90 days expires, return to england for a month and then come back to the states; will they let me back in for another 90 days??

i recently came for a month, then home again and then returned after 2 months and there was no problem, but i would love to get some opinions and perhaps even experience-based advice on what the risks are in doing this.

i am not breaking the law in any way, each trip has been for a different reason and staying as a guest with various friends. it is a standard story, i met a girl and fell in love etc and want to be with her as much as possible until i find out about the artist visa.


thanks!

cartaverde
Junior Member
Posts: 65
Joined: Fri Dec 22, 2006 5:10 pm
Location: USCIS file cabinet bottom drawer probably

Post by cartaverde » Sat Feb 07, 2009 9:35 pm

I wouldn't go back immediately.
They have full track of you - where you flew from, where and how you purchased your tickets from, billing addresses etc, access to some income data from other countries etc. If you are less than 180 days of a year in 'your country' (as they define it) they most likely won't like it.
Tourist visa may be an option though..

leighannshaw79
Newly Registered
Posts: 1
Joined: Wed Feb 11, 2009 11:18 am

Re: can i leave and re-enter the US after 90 days?

Post by leighannshaw79 » Wed Feb 11, 2009 11:26 am

sol wrote:hi, i really need help on this one.

i am a 19 year old male UK citizen currently staying in the US on a standard 90 day holiday visa. it expires in less than a month and i am currently in the process of applying for an 0-1 artist visa.

if i leave say 5 days before the 90 days expires, return to england for a month and then come back to the states; will they let me back in for another 90 days??

i recently came for a month, then home again and then returned after 2 months and there was no problem, but i would love to get some opinions and perhaps even experience-based advice on what the risks are in doing this.

i am not breaking the law in any way, each trip has been for a different reason and staying as a guest with various friends. it is a standard story, i met a girl and fell in love etc and want to be with her as much as possible until i find out about the artist visa.


thanks!

I have had similar issues in the past as I was travelling to the US a lot. I have a tourist visa which allows 6 months, but they check how long you have been in the country within the last 12 months and if its getting close to six months (or 90 days in your case) they will only stamp your passport for the time remaining on your visa. You will most likely be denied entry if you have been there for that amount of time and try to go back very soon after. I would go home, apply for a tourist visa and then you can actually apply to extend your stay within the usa once you are there, if you need to stay longer than 6 months. You will need a good reason and will need to prove that you are eventually going to leave and not remain there illegally.

I had been in the country from Jan - Apr (3 months) then returned a month later and they were only going to stamp my passport for 3 more months cause I had barely been out the country. They gave me the full 6 months again (although I did actually only stay 3 more) purely cause my daughter is a US citizen and the immigration official advised me no longer to travel on my tourist visa but to start my immigration application with my US husband. I am back in the UK....WAITING! haha

Hope this helps.

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