Renton, WA asked in Immigration Law for Oregon

Q: just in the US visiting from Dec7-Jan8 with B1/B2.Want to go back to the US on January 22nd but lawyer said i cant.true?

Lawyer said i have to wait 6 months to go back to the us to visits my family. i crossed with no issue.

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: Your lawyer's advice about waiting six months before returning to the U.S. on a B1/B2 visa is a common recommendation, but it's not a strict rule set by immigration law. The B1/B2 visa is for temporary visits, and the U.S. authorities assess each entry based on your intention to return to your home country.

Frequent and prolonged visits to the U.S. on a B1/B2 visa can raise questions about your intent, potentially leading to denial of entry. Customs and Border Protection (CBP) officers might suspect that you're trying to live in the U.S. rather than just visiting temporarily.

If you try to re-enter the U.S. on January 22nd, shortly after your previous visit, be prepared to clearly demonstrate your intent to return to your home country and that your visit is temporary. This can include evidence of ties to your home country, such as a job, family, property, or ongoing commitments.

It's worth noting that every case is unique, and decisions are made at the discretion of the CBP officers at the port of entry. They will consider your travel history, the length of your stays, and the purpose of your visits.

If you have concerns about your specific situation, it's wise to follow up with your lawyer or consult another legal professional for advice tailored to your circumstances. They can offer guidance based on the latest immigration policies and your personal travel history.

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