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?
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!
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.