Seattle, WA asked in Immigration Law for Washington

Q: I have a 5 year multiple-entry B2 visa. Can I travel to Mexico and get 6 months more on return to US.

I am an Australian citizen with a 5 year multiple-entry B1/B2 visa. I arrived in the US in early April, 2021 and the passport was stamped at the airport. The officer wrote a date on the stamp for early October.

If I travel to Mexico for a weeks holiday in September and return to the US, will I be given another six month stay if my air ticket to leave the US has not expired?

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2 Lawyer Answers
Agnes Jury
Agnes Jury
Answered
  • Immigration Law Lawyer
  • Traverse City, MI

A: There is no way to predict how long you will be granted to stay upon re-admission and no guarantee that you would be allowed to re-enter in the first place. You have to convince the border patrol officer that you are entering the US for tourist purposes, have the financial means to do so, and intend to depart the U.S. because you have significant home ties (i.e. reasons to return home). Best wishes!

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

A: Crossing the border to Mexico is not considered an effective departure from the USA and will not result in an extension of your current stay in the USA. You need to return to your home country where you maintain a permanent residence and remain in your home country for a longer period of time than you are in the USA. Failure to do so and an attempt to remain in the USA may result in BP denying you admission to the USA and revoking your visa.

If you are eligible for an extension of your stay you need to properly and timely file for an extension.

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