Alexandria, VA asked in Immigration Law for Virginia

Q: Can my mom who has a 10 years tourist visa enters the US multiple times within 5 months?

My mom was here on October 3rd 2018 and left January 7th 2019. She is planning to come on may and leave On July and then returns back in 2 weeks to stay another two months. Will she have any problem returning to the US after two weeks from her leaving?

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3 Lawyer Answers
Deron Edward Smallcomb
PREMIUM
Deron Edward Smallcomb
Answered
  • Immigration Law Lawyer
  • San Diego, CA

A: If her trips are short, it should not be a problem to reenter. However, as a general rule, 6 months in one year is as much as is usually granted. That said, the immigration officer at the port of entry is the only one that can make that determination. You should consult an experienced immigration attorney to discuss.

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: The 10 year visa does not give your mother permission to enter the USA. A visa gives her permission to request admission. The I-94 provided to her by BP states the amount of time she is allowed to remain in the USA for each trip. If she requests admission to often BP may suspect that she has immigrant intent and deny her admission or revoke her visa at any time.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: Maybe. Customs and Border Patrol officers will begin to wonder if she is using her visa as a green card, actually living in the US and just returning back home for appearances’ sake.

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