Sacramento, CA asked in Immigration Law for California

Q: My foreign friend with a B2 visited the US last year twice. Will they be denied entry if they try to visit after 6 month

First visit was June 6th 2016 through July 11th 2016. Second visit was August 10th 2016 through January 11th 2017. 26 days and 154 days. They would like to visit again for July and worried about denial of entry.

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

A: There is a presumption of immigrant intent, as a matter of law, each time a foreigner applies for admission to enter the U. S. A trip for more than 150 days is significant, even if it is allowable. What this means is that this friend may be asked to sit on a bench, wait, and answer questions.

If the friend violated the terms of their previous non-immigrant visitor B2 or B2 visa waiver admission, then CBP can find them inadmissible, issue a ruling denying them future entry, cancel the visa, and make the airline return the former visa holder to the nation of departure.

Some of these decisions can last a lifetime, so I recommend that you to discuss the matter with a competent and experienced immigration attorney, soon. Choose an attorney who will spend enough time to investigate and reasonably evaluate all of the facts. There may be some unexpected options, but more information is needed.

The above is general information, not legal advice, and 'does not' create an attorney client relationship.

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