Those who frequently travel to the U.S. often feel confident that they will be able to continue visiting the U.S. without a problem. This can be true for business travelers. The U.S. wants to encourage business. For those on vacation, a border agent may take a different view.
Statistically, the more time a foreigner spends in the U.S. increases the likelihood the foreigner may want to immigrate. The suspicion is that the traveler may have a boyfriend or girlfriend and may be thinking about marriage and immigration. Here is an example of a client who obtained a B visitor visa. Her boyfriend wants to know how long she should stay in the U.S. Permission has been given to publish. The names are withheld to protect identity.
Question
Hi, Allan. I hope this message finds you well.
I forgot to ask – she received a 1-year visa, and neither of us are sure how long she can stay on her first visit (or any single visit) and/or if there is an advisable length of stay. Should we limit it to 45 days or 75 days even if there is technically no limit, or does it not really matter? I think we’d like to do maybe 75 days if that doesn’t pose any real risk of her getting denied at the border. Her application said 2 months, so this isn’t really that far off. Any thoughts on this? Once we get [his girlfriend] to the States and get settled, I will recontact you about the K1/K3 to be processed through Jakarta. Thanks again.
Answer
Edward,
My guess is that she has a 1 year multiple entry visitor visa. Trying to have her stay for 75 days should not be a problem. When she arrives at a U.S. port of entry, a border agent can give her up to 6 months (or even a year) to visit. Often, an agent will allow 6 months. However, a border agent has independent jurisdiction to allow entry or not. I think if she has a good reasons to enter the U.S. that are separate from her desire to see you, she should tend to refer to those other reasons at the border.
She should always tell the truth. At the same time, she should not want to raise red flags and cause further inquiry by drawing attention to your relationship. If asked point blank about your relationship, she should be forthright, open and honest. As long as her entry seems uneventful, then the officer will consider how long she can stay. If she has multiple friends and family to see and has a return ticket for 75 days, then she may be given that or even possibly 6 months. She should not avoid talking about you if asked.
Once inside the U.S. it is possible to apply to extend her stay. We can discuss once she arrives in the U.S. If she plans to reenter the U.S. more than one time on a visitor visa, then it would be a mistake to maximize her stay on the first trip. A reentry after she has already been here a long time will raise a question in the mind of a border agent about her motives. Someone who wants to be in the U.S. for extended stays is likely to have a romantic interest and she will be questioned about it. If she wants to visit only one time, then we can have her apply to extend her stay, knowing she is not coming back again as a visitor. I hope this helps.
Kind regards, Allan
You are welcome to contact me if you like to discuss further.
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Hello Allan,
If I entered on a visitor visa and my stay has expired would it be possible to apply for Adjustment of Status? My stay expired one week ago. Looking forward to hearing from you.
Lorraine Murguia
Lorraine, Are you married to a U.S. citizen? If yes, then it can be possible to put you back into status as a permanent resident green card holder based on marriage. It will help to verify your manner of entry. I will want to know what questions were asked at the port of entry to the U.S. and your answers. It’s important to confirm your answers were open and honest. Although you are now unlawfully present in the U.S., it seems you have not yet triggered any serious penalties. It certainly is a good idea to discuss with me or another experienced immigration attorney to confirm an immigration plan right away.
Kind regards, Allan Lolly
Hi Allan! I am on b1 visa and I spent about 5.5 months in United States for giving an exam and shadowing at a clinic. Now I have to go back again for giving another exam in 2 months. Is there any rule like that one can stay in the US for 180 days per year?
Malihara, Greetings. What you are referring to is the idea that a visitor should not remain in the U.S. for more than 180 days per year. This is not so much a rule. It is simply a concern of a border agent if you try to enter the U.S. as a visitor after already being in the U.S. for many months. A non-resident (non-immigrant) visitor should spend most of the time outside the U.S. A resident (immigrant, not visitor) should spend most of the time inside the U.S. Due to the difference between being a non-immigrant and an immigrant, people come up with rules of thumb that are not really rules at all, but just guidelines.
In your case, it seems you have a very good reason to return to the U.S. to give exams. What is important is the you must have convincing evidence that your stay in the U.S. is only temporary and that your residence remains outside the U.S. in your home country. Given the amount of time you’ve been in the U.S. already, a border agent may or may not give you a difficult time. If you believe you have very good evidence to show you reside abroad, but are only in the U.S. for a particular purpose, then you should ask to speak with an immigration supervisor if the U.S. border agent blocks your entry. If you are turned away, it can be very difficult to come to the U.S. in the future. For this reason, you should try to minimize your time in the U.S. to help increase your chances of returning in the future. I hope this helps.
Kind regards, Allan
Hi Allan, hope you are doing well.
My boss is on a B1 visa, has the permit to stay in US until Jan 2013. Her question is, how soon can she come back to the USA after she returns to her country? By the way, she is the founder and President of a non-profit company based in NY since March 2011 and previously has traveled to USA on the visa waiver program, never overstayed her visit.
Please advice, thanks, Max D’costa
Max, Greetings. There is no fixed timeline. There are only general guidelines. Your boss can travel to the U.S. on a B1 business visa anytime so long as he maintains primary residence outside the U.S. Here’s the problem. The more time he spends in the U.S. the less it looks as if he does not reside primarily abroad. Also, the type of business can make a difference. The more business and wealth he is bringing into the U.S. economy, the more likelihood it is that a border agent will allow entry.
A good rule of thumb is not to stay in the U.S. for the maximum time allowed and also remain outside the U.S. more than half the time. Finally, be prepared to show how entry will help the U.S. economy. I hope this helps. Kind regards, Allan
Hi Alan,
My boyfriend has visited the US with a 90 tourist visa but was only here for a short holiday. He plans on returning for another short holiday within the next 3 months, and then would like to come for a full 90 days within the next year. Is there a limit on how many times you can renew a travel visa or a limit on how many times you can visit the us for vacations within a year? Hope this is clear.
Thank you for your time.
Terry
Terry, Yes, I understand. It seems as if he enters the U.S. under the 90 day visa waiver program by completing an ESTA form online. Is this correct? A B visitor visa is typically for up to 6 months. Both the visa waiver and B visitor visa entries have the same basic rules. The foreigner must generally depart the U.S. by the time his stay as a visitor has come to an end.
Reentry should not be a problem so long as it is clear the foreigner is visiting only and has no interest in residing in the U.S. or immigrating to the U.S. The problem comes when trying to enter the U.S. A border agent will look at the history of travel and make a judgment call whether it appears the foreigner is abusing visiting privileges. If on the whole, it seems the foreigner is spending more than 1/2 the time in the U.S. annually, then is can seem that the foreign resides in the U.S. and is not just visiting. Also, when the foreigner maximizes the stay on each trip, then a return to the U.S. in a short time gives the impression the foreigner is trying to stay beyond the time allowed to visit by departing and returning quickly. A good rule of thumb is to be in the U.S. less than 1/2 of the year on a rolling basis and also to not maximize the stay on any particular trip. Leave the U.S. a bit early and then stay away for several months.
Also, it will help if your boyfriend has a job at home and other such commitments to show he has good reason to depart the U.S. with no interest in remaining beyond his welcome. If you want him to be in the U.S. then you should consider immigrating him based on your relationship. I hope this helps.
Kind regards, Allan
Hello Allan,
My friend came here as H2b visa and she got pregnant and change her visa to b2 twice so she can stay legally while she’s pregnant, now for the third time she apply for b2 again but the case is now 3 months pending, so the question is how long she can stay and wait for the pending case?
She’s already over stay 3 months.
Vanjie, A foreigner must generally depart the U.S. by the expiration date of the I-94 card that was stapled in her passport upon entry to the U.S. In most cases, it is possible to apply to change status to another such as a B2 status, provided the application is marked received by the USCIS before her current status expires. As long as she always files a valid request to extend or change status while she remains in valid status, then she can continue to remain lawfully present in the U.S. until a decision whether to approve or reject is made by the USCIS.
Often, it is not a good idea to apply to extend or change status while in the U.S. because the next time she tries to enter the U.S. on a visa, her entry will likely be blocked. Although the USCIS might grant an extension, this does not mean that a border agent or even a consulate officer will agree with that decision. Each immigration agency makes its own determination. The border agent will give a date of departure on the I-94 card and will want the foreigner to abide by that date and not try and extend. I hope this helps.
Kind regards, Allan
Hi Allan,
my boyfriend has recently got his US citizenship a month back, I have got a b1 visa for three months for giving my exam, can I marry him and file for adjustment status and stay back in usa? We have our relation since 1 year, I am an indian and if he applies for my visa as dependent it’s gonna take long time so can we go this way? Plz help. Thank u
Saba, Yes, this is possible to do. However, it is a misrepresentation which can result in a bar from the U.S. You must state your purpose of travel to an immigration border agent when you arrive in the U.S. If you say you are marrying your boyfriend, then your entry will likely be blocked. If asked and you deny any plans, you can be accused of misrepresentation if caught. **It is popular for immigration officers to go through emails, Facebook postings, and so forth right at the airport,** searching for misstatements regarding your intentions.
Also, if you arrive in the U.S. as a visitor and marry, it is common for immigration officers at green card interviews to research online for evidence of misrepresentation. Can you please have your fiance call me to discuss options if you have an interest in working with me on your immigration filings? My number is 1-888-483-0311 (toll free from the U.S.).
I hope to hear from you. Kind regards, Allan
Hi Mr Lolly,
I am an Indian citizen with a multiple entry B1/B2 Visa for 10 years. I plan to stay in the US for 3 months to give an exam and shadow at two clinics. I plan to go home and return to the States after 3 – 4 months to give another exam and hopefully attend residency interviews. I do not plan on staying for more than 3 months during the second visit. Can you foresee any problems with my plan?
Sharath, Yes, this seems doable. When traveling, please bring documentation to show your plans while in the U.S. and also any compelling evidence you will depart the U.S. at the end of your visit. Kind regards, Allan
Hello Alan,
I will be deploying to Afghanistan later this year, and my mother in law (Korean citizen) will be coming to the states to help my wife take care of our baby during the deployment. The deployment is 9 months. Is there any way for her to ensure that she can stay for the duration of the deployment? We understand that the usual maximum stay is 6 months. Thanks!
Chad, Greetings.
Normally, Koreans can enter the U.S. visa free for up to 90 days. Does she have a B visitor visa? If she is coming to care for her daughter, there is a reasonable chance she may be denied the B visa because this can be taking a job away from a U.S. resident who can be an aide. If her purpose is to give emotional support while you are deployed, this can be good grounds to try and obtain a B visitor visa. The consulate will wonder why she needs to stay so long and cannot simply use the visa waiver program. I think it may be worth applying for the B visa. If you want assistance, please email me at allan@asl-lawfirm.com. My rates are reasonable.
She will be told at the airport upon arrival how long she may remain in the U.S. A border agent can grant up to 1 year on the B visa. If granted less time (6 months is common), then it can be possible for her to apply to extend her welcome while she is in the U.S. A problem is that any future attempts to use the B visa can be met with resistance by a U.S. border agent. While an extension may be granted (or not) by the USCIS immigration agency stateside, a border agent may not agree with the USCIS. Border agents indicate how long she should remain in the U.S. and they tend to want the foreigner to abide by that decision even if an application for extension through the USCIS is lawful.
I hope you understand. Not everything in immigration is intuitive. Many things are policy oriented and not intuitive.
Kind regards, Allan
Hi Allan
My family friend, an aunt (in 50s) living in India has a B1/B2 visa with 10 year multiple entry. I have H1 visa. My query is, how long can she stay in US in one visit? Can she stay for 6 months? When I go to India what kind of paper work would I need to make sure her US travel and stay is smooth?
I am a single parent and I just want someone elderly and familiar person to be around here with me and kids. She is a widow and she is happy to help. Some relative of hers got her the visa many years back and she traveled on it few years ago.
I have a some more queries, is there an email id where I could reach you? Please let me know your fees for counseling via emails. Thank you so much in advance!!
Jia,
Thank you for the offer to compensate. It’s very much appreciated. The question here is whether your aunt wants to have ongoing access to the U.S., or if she simply wants to come one or two times. The more time she spends in the U.S., the greater is the risk that she may overstay her welcome and want to immigrate to the U.S. rather than just visit. Also, there is the risk she may be working and not just vacationing. You have to be careful not to give the impression you are having her work and taking away a job watching your kids that could be performed by a U.S. resident. There really should not be a problem with her helping. It’s just that it may not help so much for her to report to a U.S. border agent that this is her purpose in coming to the U.S.
A single phone conversation may help to sort out issues. A paid consultation is appropriate where I am not being retained to work on projects and you simply want information and to discuss. I charge $60 for the first 15 minutes and then $3 each minute after that time. Please call if you like at 1-888-483-0311 (toll free from the U.S.) and I will be glad to discuss. Kind regards, Allan
Hi Allan, my dad is coming to Los Angeles to visit me on a traveler’s visa. I was wondering if he could enter and leave through different ports? (ie. arrive at Seattle from overseas and fly back departing from Los Angeles). Any help would be greatly appreciated! Thank you.
Best, Jenny Chen
Hi Allan,
My Mom has a B2 M visa. She was here last year between Jun and Dec. No she wants to come back and visit us again for 6 months in Apr end. Will there be any problems for her at the point of entry? Last year we were staying in Mid West and now we are in East Coast!
Thanks! Anshuman
Me and my wife has b1-b2 visas! My wife got a baby on our last trip to usa, we got him us passport! Now we are thinking of tourist trip back to the states! We don’t want to live in the states at all! We are happy in our country! We are little nervous about going with american kid and we only carry b1 b 2 visas!
Is there any thk u can advice us about this case please?
Best regards
Yes, no problem. Kind regards, Allan
Nori, The most important point is to be open and honest when speaking with an immigration officer. Bringing the baby with you on your travels may draw attention to the fact that your wife gave birth while visiting the U.S. Generally, U.S. border agents do not like this because it allowed the child to become a U.S. citizen.
One choice would be to visit the U.S. without the child so as to minimize attention to what happened. If the child is not with you, there may not be any questions concerning the birth of the child. It simply may not come up in your discussions with a border agent when entering the U.S. If you bring the child, simply be prepared to discuss openly and see what the border agent is willing to do. Each time you cross the border to the U.S., your ability to enter will depend on how the border agent feels about the situation.
Kind regards, Allan
Anshuman,
Yes, this can be a problem. Border agents often allow foreigners the ability to visit the U.S. for up to 6 months. It is best not to maximize the stay and use up the whole 6 months. Otherwise, the ability to reenter the U.S. in the near future is questionable.
There are two basic concerns regarding long stays: The foreigner has a fiance or the foreigner is working in the U.S. In your mom’s case, the purpose is apparently to see you, but she might also be thinking about moving to the U.S. She likely is not staying in hotels and spending money. There is no advantage to our tourist industry if she is staying in your home and there is a risk she might want to relocate to the U.S. and not just visit. If she is wealthy and can take the family on trips while she is visiting, this can help. She may have a friendly immigration border agent who will allow her to pass through. If she likes visiting the U.S. for long stays and if you have your U.S. citizenship, you might consider obtaining a green card for her at some point so she can travel to the U.S. more freely.
In the meantime, consider pulling back on the time she is in the U.S. 3 months at a time is better than the maximum 6 months. Allan
Hi I have a b1/b2 visa and while on my visit I found out I was pregnant filed for a extension of stay n got it after having the child I left the country how long should I stay in my country before travelling to the USA and will the immigration give me trouble to enter the USA
hi this is nardeep my qus is i have B1 B2 visa usa and my sister green card holder she need my help in state for 6month so i can stay in state for 6month and i have tow kids they are candian citizen so they can stay with me
Nardeep, When you arrive in the U.S. on a B visitor visa, the Customs and Border Protection agent will let you know how long you are welcome to remain in the U.S. It is possible to receive permission for up to one year, or perhaps even only a few days. However, it is customary for a CBP officer to grant you six months inside the U.S. on a B1/B2 visitor visa. Be prepared to explain the problem with your sister and also show good evidence that you plan to depart the U.S. on time, such as a letter from your employer with a due date to return to work. I hope this helps. Kind regards, Allan
Sheena, There is no magic number of days. Longer is better. The idea is that you must spend a majority of time outside the U.S. so that you truly are a visitor and not an intending immigrant. There are two things you mention that will upset a Customs and Border Patrol agent. The first is that you had a baby in the U.S. and so now your baby is a U.S. citizen. A citizen is not a visitor. Secondly, you filed for an extension of stay so that you could have the baby in the U.S. The CBP officer indicated how long you could remain in the U.S. and you stayed longer, which is not what the CBP officer directed. The USCIS granted your extension, but not the CBP. The next time you try to enter the U.S. a CBP officer may not trust you and might block your entry to the U.S., then cancel your B visa. You never know what will happen, so at some point you should simply try visiting again and see if you run across a friendly CBP officer. Allan
HI,
i Have B1/B2 visa & I visited US on 5 Oct 2012 and came back on 1 feb 2013 for attending a training session. Now again i have to go back to attend a training session at our other office location for around 3-4 months. Will there be any problem in the same
Shashi, Possibly there can be a problem. I don’t know for how long you were in the U.S. when you came here. Generally, if you spend a majority of your time outside the U.S. and also if you have a good reason to come to the U.S. then you should be o.k. Training with a company is a good reason for coming to the U.S. Bring plenty of evidence showing where you will be staying and what you will be doing in the U.S. together with some evidence to show you still have your job back home. Best wishes, Allan
HI!
I have a visa for multiple entry i work in spain and i have permanent resident here and the next month i’m to visit my girlfriend who lives in usa, my question its in the embassy i said i’m going to see my girlfriend, now in the border i can have a problem if i said i’m going to visit my girl friend? Just i want to know that and thank u so much, Aladin
Aladin, Yes, this is true. Each agency makes its own decision. A consulate can issue a B visitor visa, which can be cancelled by border patrol during inspection upon arrival in the U.S. If there is a reasonable risk of overstay as a visitor, the immigration border agent can cancel the B visitor visa. Having a girlfriend in the U.S. creates an inherent risk of overstay.
You are obligated to tell the truth and so denying you have a U.S. resident girlfriend is not advisable. Instead, you can bring plenty of proof that you have strong ties in Spain and that you have no intention to remain in the U.S. Also, it’s a big help if you show you will spend money on our U.S. tourism. Staying at a girlfriend’s house does not help support tourism, so there is little incentive to allow you to visit if you are not spending money. Allan
Hi Alan,
I am an Egyptian final year medical student and I have multiple entries b1/b2 visa. My intention is to go to the US for 2-3 months of medical electives. If I left after that and came back after one month for another medical training but this time for 6 months will it be okay or not? Of course I will have all the proving documents of the trainings but I am asking about the probability of being approved by the Immigration Officer for the second time. Thank you for time Alan and sorry for bothering you.
Best Regards
Hi Allan,
I have a B1/B2 visa valid for 10 years. My previous trip to US was on 5th May 2013 (For attending training) and I received I-94 form valid for 6 months (4th Nov 2013). I returned back to India on 27th August 2013 after staying for 12 weeks. Now my company wants me to visit again US for 6 weeks for different training on 27th of October. Will there be any problem if came back just after 3 months?
Thanks, Mohan
Mohamed, It seems you should be o.k. because you would show your residence is in Egypt and you are coming to the U.S. for a specific purpose. You do not overstay your welcome. Round trip tickets are important. It is also important that you spend money on our US economy. If you are paying for the electives and training, this greatly helps. The key is to make it understood your stay in the U.S. is only temporary and that you bring some benefit to the US. I hope that makes sense. Kind regards, Allan
Mohan, Yes, there can be a problem, but it seems your chances of being allowed entry are good. You are working for a company back home and are coming to the US for specific training. The most recent time you entered, you did not maximize your stay, so you can be trusted that your purpose really is business related and not just to stay as long as you can stay. I would take the risk and try to come for more training. Good luck, Allan
Hi,
I have B1 visa. I had come on a training to US and stayed for 96 days . I went back for 2 months to my home country and came back again. This time also my stay would be for 96 days. Will there be a problem while exiting US because I spent more than 180 days in the same year ? Will I have a problem if I come back to US the next year ?
There is not a problem staying in the U.S. for more than 180 days total if on the second entry the border agent grants you permission to remain in the U.S. for that long. You can be allowed into the U.S. again as a visitor so long as you are clearly a temporary visitor without the desire or intent to reside in the U.S. In your situation, you should consider remaining outside the U.S. for at least 4 or 5 or maybe even 6 or so months after your second departure to show you spend a great deal of time in your home country. The more time you spend outside the U.S. increases your chance of reentry.
Kind regards, Allan
Hi Allan,
I have B1/B2 visa. I just recently entered here in US. I’m here for about a week now. I told the officer that I’ll stay for 2 weeks. But I’m thinking of staying for more week/s. The problem is my passport has a stomped a date of entry but none a date of how long can i stay here. Its usually written right? But the officer doesn’t write anything. My question is how long can i stay here?
Michael, The length of time you can remain in the U.S. depends on your nationality and the passport used to enter. Also, it sounds as if you may have used the new electronic I-94. You can go to this site to find out your departure date: https://i94.cbp.dhs.gov/I94/
If you need more you are welcome to contact me by email. Please use the Contact form and mention we communicated on my blog. Kind regards, Allan
Hi Allan,
I’m a owner of a store in my country but my boyfriend also live in the US. I have a b1/b2 visa, I got it in March 2013 an I when to the US for the first time in April 17, 2013 I went back to my country in july 28, 2013 I spend 102 days (3 months). When I went to the US and the immigration border ask me what’s my purpose of coming to the U.S, I told him I’m coming to spend time with my boyfriend and he also ask me how long I’m planning to spend in the US and I told him one month so he stamp 6 months on the paper so I change my ticket and spend 3 months instead because the immigration give me 6 month.
Now I’m here in my country and december 2013 coming is going to make 5 month now I’m in my country. I wanted to go to the US in december 2013 to do some shopping for my store, this time! Is it to early to go back to the US knowing I already spend 3 months in the same year? (And a next question) because of the store I’m going to travel often to get things for the store. How often can I travel to the US in one year? And how long can I stay so it won’t because a problem when I go back to the US each time??
Jojo,
It is difficult to tell whether you will be prevented entry to the U.S. It’s up to the individual border inspector. What I can say is that it’s good that you are coming for business. The government wants to support our fragile economy so the fact that you are coming to spend money in the U.S. is good. Also, you were honest on your most recent travel and openly stated you have a boyfriend in the U.S. I suspect that if you bring evidence of your business dealings and show that you purchase goods in the U.S. for resale at home, you may be allowed entry.
Kind regards, Allan
Hi Allan, my boyfriend has a b2 visa, he went here in US in Sept and will be leaving this december 2013, he just stayed for 85 days, upon entering the point of entry, he said that he was just visiting his friend and that friend is me and he never said that I was his girlfriend. The immigration officer asked him three times but he firmly stated that we are just friends. Do you think there will be a problem if he will be coming back and visit me few years from now?
Hello Allan,
My wife and I Have B1/B2 visas together with our two kids all of us the shames visas and I have been traveling to USA for two times now now my wife and my second born son travel to USA for holidays after one week stay in USA she call me and tell me she is pregnant. Now she give birth in USA after giving birth she came back to Ghana immediately because she doesn’t want to overstay the six that the immigration officer give her at the entry but she stay five months one week in USA. Please can she travel to USA again after giving birth in USA or if she have problem with immigration would it affect all of us our visas?
Hello Allan, my name is Montell and I am from Nigeria. I have this friend who is a citizen and we knew each other for over 10 years but have not met one on one since we met online. Now I applied for a visit visa to see her and come back home due to my job. But during my stay, we found out we are in love and after 3 months she was pregnant and the family insist that I married her which I did. So what do I do now? Cos she needs my moral support during the course of the pregnancy. Can we apply for an adjustment of stay cos we never planned it this. And I was asked to marry her which I did. But this incidence was not intentional cos I have a business back in Nigeria.
What do we do please?
Cos she said I can’t go cos she need my support and care during the course of the pregnancy.
Hi Allan,
Me and my husband are on L1 and L2 visa. My parents are visiting US for 4 months, from Feb – June next year, for the first time ever. I recently found out that I’m pregnant and so chances are that at least my Mom would need to visit me again next year around Aug, to be here for another 6 months. Could this be a problem? Their Feb travel has been booked, the one in Aug is not confirmed yet. Also, we might be returning to our home country upon completion of our current work assignment, in mid 2015, unless our stay gets extended by a couple more years, which we will get to know by mid or end 2014. Would it be a good idea for her to tell the Border inspector when asked, that she is returning to visit us before we move out of here for good?
Thanks a lot, Trisha
Hi i had b1-b2 visa of 10 years how long maximum i can stay in each trip. And if my wife get baby born in us is it we have problem in next time for entering in usa and i hope my baby will get usa citizen on birth.
Hi Allan,
I visited U.S on business (b1 visa) in June-2013 and told CBP officer that i intend to stay four 4 weeks. However i had come for launch of a major product launch by our client. The launch was delayed and i departed U.S after 8 weeks (total stay in U.S).
Now it has been 5 months for me at my home country (India) and i have got a h1b visa. I intend to visit U.S in 15 days time.
Could 8 weeks of travel on previous visit through B1 visa be a problem?
Asif, I hope there is enough information on this blog post to decide what to do. There is no good answer, but only good advice that will always carry risks. The more time you spend outside the U.S. the better, so the idea is to minimize your time in the U.S. if you want to keep your visitor visa long term. Kind regards, Allan
Hi Allan,
I’m getting married on march, my boyfriend has the H-1B visa and I have the B1/B2 visa, from what I’ve read I’ll need to change it to an H4. I’d like to move to the US immediately after getting married if it’s possible, so can I go there with my current visa after getting married and do the process to change it from there? or do i have to do the change while living in Mexico? How long does the process take? Do I have to make the request personally or can he start the process for me?
Thanks.
Hai,
My inlaws granted b2 visa for 10 yrs in month of july, they cant able to travel because of health issue and work load, my question is will they need to travel within the six months after their visa granted or they can travel any time within the visa expiry date.
Is there any rule that they need to travel within certain days?
Hello I have B1b2 visa for five years and I give birth in USA and after giving I returned back to my country immediatly can I visit usa again for vacation and business.
Hi, my GF has B1/B2 visa and she visited me for 6 months in 2013, she left on Sep 23rd, now she wants to come back and visit me again at the end of Jan 2014 for maybe another 5-6 months, money is not issue because I make enough money but as far as I could see, Officers wont believe her, she is professor in he country and she has got flexible work schedule, besides we want to get married in 2014 so what she should do at the POA and that do you recommend? She has got an apartments and she can rent it out and show that as an income, would that be good enough? also how I can help her showing that I will provide her everything and she wont have any money problem in US. I got H1B by the way. Thanks.
Michael, Since she gave birth in the U.S. while traveling, it can happen that an immigration border agent will not like what happened. For this reason an officer might cancel her B visitor visa. Also, she stayed nearly the whole time she was permitted to be in the U.S. If she has been out of the U.S. for 6 months or longer, it can be acceptable to try again.
The longer she remains outside the U.S., the better chances she will have to enter successfully as a visitor. I hope this helps. Kind regards, Allan
Montell, If you have an interest in working with me, can you please call me to discuss risks and benefits? It will be easier to have a phone conversation and then there should be a good chance of keeping you in the U.S. to process you on a green card stateside.
I hope to hear from you. Kind regards, Allan
Trisha, Yes, it’s o.k. to tell the border agent you will depart the U.S. at the end of your stay on the L visa. However, CBP officers generally look and the situation and do not place a great deal of emphasis on what your parents say. The fact is you are having a baby and that your mom will visit for 4 months soon and then will want to come back to the U.S. for 6 months. It would help to know what country she is from and where she will clear inspection. There does not appear to be an advantage to the U.S. government in allowing her to be with you following birth. Also, she may be taking a job away from someone who could be paid to help. I think that if she does not plan to be in the U.S. for the entire 6 months, this can help. I would not discourage her from trying to visit in August or from staying for an extended visit. There are some risks here, so if you can do so, it would help to minimize them.
Kind regards, Allan
The problem for you is that you cannot pretend to be a visitor when in reality you want an H4 status. If you were already in the U.S. visiting and wanted to change to an H4 status, this may be possible. Please contact the employment immigration attorney who helped obtain your fiance’s H1-B. That would be a good starting point. I practice family immigration law. Allan
You can try, but it sounds like at some point the B visitor visa will be cancelled because you had a child here. Allan
Sri, There is no need to travel within 6 months. Since they have B2 visas valid for 10 years, they can travel to visit the U.S. anytime within that 10 year period. I hope this helps.
Kind regards, Allan
Kunal, So long as you did not overstay the time given to you as a visitor on the I-94 card, now completed online prior to departure, then you should be fine. The topic should not come up, but if it does come up you can indicate exactly what happened and this should be acceptable. 8 weeks is not a long time when working on business matters. Kind regards, Allan
Fe,
no, it should not be a problem for him to visit you in a few years. It can be a problem if you want to marry and obtain a green card for him based on marriage. The history of your relationship will be examined and what he says to an immigration agent is often noted in the record. If you decide you want to marry at some point, you are welcome to contact me to discuss in more detail.
Kind regards, Allan
Hikmet, It does not help much to show that you will support her while she is here. The government wants her to bring money to the U.S. to support our U.S. economy. I think if she can show she has financial strength and does not need you to support her, then you can add if you like information about where she will stay with you if you like. Having a boyfriend in the U.S. cuts against the notion of a visit and spending money on hotels, but also she must tell the truth if asked, so just have her show plenty of financial strength and a good reason to depart the U.S. at the end of her visit. See if they let her in.
Kind regards, Allan
Hi Allan,
I’m American and my wife is Malaysian. We have two kids, both under 2, who are also Americans. I have been living in malaysia, but will be moving back in a few days. My wife will also be joining me on another flight later in the week with our two kids.
She already has a type B1/B2 visa that’s valid for 10 years which she hasn’t used yet. She went to the states once for a month with me after we got married. The embassy said they would approve the visa but can’t guarantee she will get let in because she’s been there once before.
My question: what should she tell immigration when she gets here? Will it raise a red flag if she tells them she plans on applying for her green card while she’s in the US? Would it raise any red flag if she tells them that she plans to be here for 7 months? How long does the green card process usually take for the spouse of a citizen?
It would be horrible if she got turned away after a 27 hour trip with two young kids by herself. My dad is getting married and originally it was just going to be me going to the wedding and then I would get things settled before her and the kids got there. Last minute my dad decided he wanted his grandkids and daughter inlaw there, so he bought their tickets for them.
Thanks in advance!
John, She has a visitor visa only, not an immigrant visa. She must report honestly about her intentions. However, applying for a green card stateside is not a visit only. It’s immigration and it is grounds for denying her entry to the U.S. Even if she is granted entry, what happens at the border check will be open to inspection when she tries to apply for a green card stateside. Any misrepresentation to a border agent can be a misrepresentation and grounds for a permanent bar from the U.S., married or not
I wish you could please call me to discuss by phone or contact me directly through the contact page so I can help sort out a plan that works.
Kind regards, Allan
Hi Allan,
I was granted B1 visa on Feb 2006 and is valid till Feb 2016 (multiple entries). I visited a couple of time for business purpose each time not exceeding 3 months. Later in 2007 I was also granted H1B visa valid for 3 years. My B1 was not cancelled (doesn’t have the cancelled stamp). I visited US on H1B but had to return after 8 months due to family issues and since then I have not visited US.
Now (end of Jan 2014) I need to travel to US for business purpose for 2 to 3 months. Please let me know if I can visit US on my B1.
Thanks, Kumar
Hi Allan,
I have a L1B visa expiring end of Jan this year. My company submitted a petition to get it changed from L1B to L1A and the status is still in process. I am now required to go outside of the US for a work next week for 1 week.
My question is, will it be safe for me to do this? Will there be a possibility of me being rejected from re-entering the US at the boarder? The company lawyer thinks that it is not a problem and says that I will get the new visa ready by the time I get back from my business trip. I am hoping to get a second view on this to make me feel confident that this will not be a problem.
For the record, I own a house in the US. I am alone, no husband or boyfriend. However, I would like to get “home” and would rather not like to have a denied entry.
Many thanks in advance.
I enter usa in the month of Aug and allowed entry for six months but i left end of October at departure time cbp officer not put departure stamp on my passport. They didn’t issued I94 form on arrival. How they can get information i was already departed. When i will re-enter usa is their any problem to me.
Kumar, It seems your B visitor visa is still valid, so long as you did not violate the terms of your H1-B. You should be able to visit the U.S. now. Kind regards, Allan
Dianna, You should not rely on blog posts as legal advice. I haven’t reviewed the particulars of your case or been retained to give a second legal opinion. What I can say is that the L visas are dual intent visas, which means you do not need to show strong ties to your foreign home country in order to enter the U.S. and clear border inspection on an L. You just need to make sure you have a valid L visa when traveling abroad, typically L1.
I hope that helps. Kind regards, Allan
Sekhon, You can go to this website to find and print your I-94 card:
https://i94.cbp.dhs.gov/I94/
You must prove when you departed the U.S. The government will have records generally, especially for plane flights, but it is important to try and keep you own records too, if possible. Allan
Hi Allan,
I have a multiple entry B1/B2 visa. I am employed with a company in India and I have visited USA for business purpose in
– April 2011 for 6 weeks,
– May 2012 for 10 weeks
– Oct 2013 for 12 weeks.
Now my company wants me to travel to US again for 8 weeks starting Feb 2014. Will I face any problem visiting US again considering I have stayed in India for 1 month since my last visit to US?
Hi my name is Roberto Rodriguez and I have a question regarding visas. My situation is as follows:
I am currently under TN visa and I am from Mexico, my fiancé is from Ecuador and she have a B1 visa. We were planning to get married here in US because she doesn’t have Mexican Visa right now (expire last year) and in Ecuador I have to stay 70 days to be eligible to get married with a person from Ecuador; so those are the reasons why we want to do it here in US. So the idea is to get married here and get the marriage certificated and with that go the consulate and got her a TD visa, a dependent visa for my TN visa.
Is this possible or is there any problems doing this?
Hi Allan how are you, sir i want to know i had B1-B2 10 years visa shall i convert in O1 visa, and i am a film artist, but not very well know but i did couple of films and i am a indian… please reply
Asif, I am sorry, but I do not have enough information to know whether you qualify for an O visa. However, it sounds as if you want to remain in the U.S. to change from a B status to an O status. Be careful about changing or extending status in the U.S. If you try and fail you will risk losing the B visa. It’s best to apply for an O visa at a U.S. consulate abroad, not in the U.S.
I hope this helps. Kind regards, Allan
It really depends on the border agent when you arrive. You must bring enough evidence to show you have no interest in overstaying your welcome and that your entry to the U.S. has some benefit to the U.S. government. Supporting the U.S. economy by coming to the U.S. should be a positive consideration. If the border agent believes you are working in the U.S., then your entry privileges can be cancelled, unless perhaps you have a B1 in lieu of H1-B. I simply do not know enough about your situation.
Kind regards, Allan
Robert,
Marriage is according to the place of marriage, so it should not normally matter if you marry in the U.S. or Ecuador. You can then proceed with immigrant visa processing.
I hope this helps. Kind regards, Allan
Hey Allan,
My mother got a B2 M Visa recently. I am planning to call her first time in March 2014 for around 8 weeks. She can’t stay for longer duration in her first visit. She would have more time later this year and would like to come again for 4-5 months around Aug 2014.
Do you foresee any issues that the next time she comes, she might not get I-94 for at least 4-5 months?
Thanks & Regards, Chirag
Hi Alan,
I am from the UK and have a boyfriend living in the us. He currently only has a green card although he has begun the process of applying for citizenship. I am aware this can take up to a year so unfortunately we are waiting to be married. I have visited the USA for 9 weeks between July and September and then the full 90 days between November and feb on the visa waiver. I want to apply for the b2 visa but am afraid it will be denied due to me having been there previously.
I have enough money to prove my travel expenses and I am a substitute teacher in the UK so I am now working again and worked in between us visits previously. I can also purchase travel insurance and have proof of travel itinerary for the first 3 weeks. (we’re going on holiday) Do you think I can apply for the b2 saying i need to come back for work for September back in the UK when schools start. Because i work for an agency though i don’t have proof of this. I want to be with him in USA between April and August. Do you think I should apply for the b2 visa or do you think that will cause problems? Or should I just visit him on the visa waiver for short periods of time until he is a citizen? The only problem with this is the expense of flights each time!
Hi Allan
Dear sir if a person who is indian holding a US valid visa, is it possible he will get a temporary visit visa for Canada from USA, or he will get only from India?
Hi Allan,
can you please help me, I am a b1/b2 visitor visa holder. I spent my FIRST trip in USA jan-july 2013, almost 6 mos but i left in 4 days left until my date will be over. My question is im almost here in my country for more than 6 mos I have a trip to USA this april 28 will the cbp officer will question me? And btw when i departed USA they didn’t get my I-94. But i asked them where i can give it but the lady in a dark blue blazer maybe it is the united airlines employer. How am i assure that they will give it to the cbp officer, to save my records. Please help me Allan, thank you
Asif, It is possible to obtain a Canadian visa while residing in the U.S. Please check with a Canadian immigration attorney regarding this matter. Kind regards, Allan
Hi Allan,
I have a B1 multiple entry Visa valid for 10 yrs. I am planning to take a 3 day cruise to Mexico. Will I need to get the Mexican Visa? Thanks
Hello Allan,
I am planning travel for my mom from India to US. She has a multiple entry visitor (B) visa for 10 years and has visited us a few times. She has always returned to India within 6 months. But I had a couple of questions:
1) Is the general duration of stay in US, 180 days or 6 calendar months (more than 180 days)?
2) If we plan to extend her stay in the US by another 6 months (total 1 yr), and she stays in India for a full year before visiting US again, would it cause issues with future visits/visa renewals?
Please let me know. Thanks.
Lakshmi
Joanne, If you apply for a B1/B2 visitor visa, the consulate officer will want to know why you don’t simply use the visa waiver program. When a foreigner spends extended time in the U.S. it typically means the foreigner has a boyfriend in the U.S. or is working illegally. You may be asked about a romantic relationship and you need to answer honestly. The chance of obtaining a visitor visa at that point is small because there is a danger you might not depart the U.S. on time. If you fail to mention your boyfriend when asked, then this can cause problems later when you want to marry. Immigration officers look back on records. I think that if you want to visit the U.S., then do not be seriously, romantically involved with a U.S. citizen. If you want to be romantically involved, then limit your visits. He should normally visit you too. There are unavoidable risks no matter what you do, so there is no right answer.
Kind regards, Allan
Michelle, The CBP can find out when you departed the U.S. even if you did not turn in your I-94 card. It’s very rare they make a mistake. Regarding your next entry, a CBP officer can always question you. You only need to **answer questions honestly** and see if the agent allows you to pass. Kindly, Allan
The B visa only allows you entry to the U.S. Some foreigners can enter Mexico without a visa and other foreigners need a visa. It depends on the country. If you are not sure, please check with a travel agent or perhaps a Mexico consulate in the U.S.
Kind regards, Allan
Lakshmi, It’s 6 months generally, but a border agent can grant entry for up to one year. It is better to discuss your needs with the border agent than to try and extend stateside. The USCIS will consider an extension request, but the CBP will have given only 6 months. Although the USCIS may grant another 6 months, CBP may not agree. This can cause your mom trouble whenever she tries to visit the U.S. in the future. If she obtains the extension and then remains outside the U.S. for a couple or more years, this might be better.
Kind regards, Allan
Hello Allan,
I have a b1/b2 2years visa. My fiance is a green card holder, and I visit the USA. I am planning to visit again this coming June. We plan to wed during my next visit in June, so he can file for my green card, then I come back to where I reside. How is that possible???
Hi Allan,
Hope you are well. I got a B1/B2 visa back in 2005 when I was living in United Arab Emirates. I believe it was a single entry visa only. The problem is I do not remember if I overstayed my period. As I had booked a ticket already to leave in August 23rd I believe. I entered the US on 23rd May 2005. Now I went to stay with me relatives in Florida and totally forgot to rebook my flight which meant I lost the ticket. I left the US end of October I believe but did not fly out from JFK (the airport I landed) and went through Memphis. Over there I was told that I would not be allowed to enter in the future as I never went back to JFK and met the border agent.
I know this seems long and all but that was in 2005 and now its 2014 and I am canadian PR and wanted to apply and one of the questions on the form is did I overstay my period. I do not know honestly. My question basically is, will this affect my application of what happened in 2005?
Thank you. Hussain
Dear Mr Lolly,
My brother (46) and I (59) have recently sold our late parents home in UK. My brother has never travelled abroad and, I have not visited USA since 1994. Given that we can afford this, I suggested renting an apartment for 6 months/year in San Diego to relax/be tourists.
I will have to return to UK for 2 weeks (in Spring) for a minor dental procedure and would then want to return to US. It is our intention to return to UK/France to live but we have not yet purchased a new home. Would lack of a new fixed address in Europe a potential for refused entry to US? Should we do this prior to visiting US in order to guarantee our return to Europe or is return ticket sufficient?
What do you reckon? Mike
Hi Allan,
Hope you are doing good. I am working for an Indian MNC, the company has initiated my B1/B2 and they want me to stay in US for 5 Months, but the actual invite letter my company is planning to provide is only for 2 weeks (If the port of entry is stamped for 6 months).
My actual questions is: shouldn’t this be a problem for me if I go for future LI or H1B stamping. My idea is not to go for these stamping immediately in the same calendar year I travel in B1/B2 now. But may be in 2016 I am planning for H1B. Are there any other threats for visa cancellation?
Pls let me know your valuable thoughts.
Dear Allan,
I am an american citizen, married to a non american. She is pregnant with our child, and I want my child to be born in the states. Is it within law for her to travel with her B2 visa to the states and have our child born there? Or would it be a problem for her entering the states for this reason as this is important to me that my son is born in the states.
Regards, Sam
Dant, This is a good plan. You have no intent to remain in the U.S. after you marry and so it is perfectly fine to marry while visiting.
There is a concern about what to say when entering the U.S. If you indicate you are marrying your fiancee who is a U.S. resident, there is a good chance your entry might be blocked. If you don’t tell the truth, a misrepresentation regarding your visit is grounds for a permanent bar from the U.S. Here is a video clip that discusses how to handle a border crossing. The topic is the visa waiver program, but the rule are much the same for a B visitor visa:
https://www.youtube.com/watch?v=1KF_8ElIOq0
I hope this helps. Kind regards, Allan
Hussain,
Entry on May 23, 2005, and a departure in October 2005 means you were in the U.S. about 6 months. I do not know your authorized stay in the U.S. as a visitor. Regardless, you were not in the U.S. long enough to trigger a bar. Even so, an overstay in the U.S. is cause to distrust your willingness to follow the rules. You should seriously consider applying for a visitor visa to the U.S. and bring plenty of evidence explaining your overstay, along with a showing you will spend money on U.S. tourism.
I hope this helps. I help foreigners with B visitor visa processing if interested.
Kind regards, Allan
Hello Allan,
I travel US on B1 visa, at POE entry office asked me couple of questions about my purpose of visit and company stuff. He given stamping for 6 months but he wrote B2 in my passport (I noticed it later). I checked my I-94 from the website I could retrieve my data under B1 (Class of Admission ). When I tried to fetch data by giving B2, application throws an error saying record not found.
Please tell me is correction is needed and how to proceed.
Thanks, Kavita
Chirag, Each case is different, but I like the fact that she will stay no more than 8 weeks on her first trip and also that there will be a couple months time outside the U.S. before attempting a return to the U.S.
Kind regards, Allan
Mike, If you are short on funds, don’t bother about renting a place in Europe before coming to the U.S. Bring your dental appointment and be prepared to explain about the sale of your parent’s home and your plans to return to France or the U.K. Of course, it is best to show as much strong ties as possible to the U.K., but I wouldn’t stress about it too much. Bring plenty of money to show you will be supporting U.S. tourism.
Kind regards, Allan
My fiance applied for the B2 visa recently so that we could marry in the US with my family, honeymoon, and the return together to Morocco. He has extenuating circumstances that would require him to return home for a long duration of time we figure we would just apply for the CR-1 at a later date when he would be freed up to leave home permanently. Of course he was promptly denied on the basis that we should file a K-1 even though he stated that he can not stay in the US after we marry, and the CR-1 would be a better option for us when a year or two down the line when I finish my deployment.
He was also told by the CO that he didn’t believe that he would return and concocted a story to get a visitor visa and remain illegally in the US!
Besides fighting a legal battle at home over his father’s will with his father’s other wife’s children that would leave his mother and youngest siblings displaced if he leaves for an extend duration of time, neither of us would like for him to be living alone in a country he’s never been to during the duration of my deployment which is not yet set in stone. Is there some way to dispute this? My understanding is it is not illegal for a non immigrant alien to marry US citizen if his intent is return home.
Hi Allan,
I have 5 years multiple entry visitors visa. I have heard that I must travel to the U.S. within 6 months of getting the visa, otherwise my visa will be cancelled. is it true?
I got my visa on 23 August 2013, i.e. 8 months ago but I could not go due to the program shifted to Korea but I need to go in June 2014. It it a intensive class in Seminary. Is there any problem that I expect? Am I eligible to travel yet?
Thanks, Dipak
Hi Allan,
I have a green card and my wife is a US citizen. It has been around two years that we have’nt met my Mom who is in India. My wife is pregnant and expecting our first one in the month of July. So we want to invite my Mom to visit us for two months to visit us and also to join us on this special occasion.
But i have read many forums saying that if you mention the pregnancy during the interview then there are good chances of rejection as the visa officer might think that the visitor will be babysitting and helping in the household work and that would be considered as a job which is not permitted for visitor visa.
We have no intent like that. Also my wife’s parents are US citizens and if needed they can baby sit or help us in the household work which will be legal for them.
My mom has house on her name where she lives with my sister who is unmarried and work as pharmacist. Those are her only ties back there. So I am really confused whether i should mention the pregnancy in the invitation letter or not and what should be her answer if asked about my wife’s pregnancy. I really want my Mom to be here on the birth of our first child. Please advise.
Thanks, Nijjar
Mat, It sounds doable. It seems your concern is her ability to enter on the B2 visa in September after being her on the F1. It would help to put some time in between departure on the F1 and reentry on the B2. I like her ties to Spain and the fact that she will likely clear port inspection in the New England states coming from Spain. It’s worth trying. Kind regards, Allan
Sanjay, What concerns me is that the company is indicating to a port inspector that you will stay for 2 weeks, when it is known that you will stay for 5 months. That is a large difference. I imagine the company is doing this to increase chances of success in gaining entry to the U.S. for you and betting that you will be stamped for 6 months. The problem is that when you present a document to a port inspector that cuts short a line of inquiry, **it is considered misrepresentation before an immigration officer** and is grounds for a permanent bar from the U.S. You might be investigated at this stop, during an H visa application, or it could be that the company is caught finagling the immigration rules on some other situation and that everyone who used this method of visiting the U.S. will be investigated and barred.
Is there a U.S. licensed immigration attorney working on immigration issues for the company? You have an independent responsibility to be truthful when speaking with an immigration officer, so please think about this and be careful.
Sam, If she has a visitor visa, she can travel to the U.S., give birth here, and then depart the U.S. The child will be a U.S. citizen. It happens quite a lot and is rather shocking in my view. It’s a way for non-U.S. citizens to give U.S. citizenship to the next generation. She must tell the truth at a port inspection when asked about her travel plans.
In your situation, **if the child was born abroad, you could also help the child acquire U.S. citizenship by being on the birth certificate and then registering the birth abroad at the nearest U.S. consulate. The child could then acquire a U.S. passport** for travel to the U.S.
I hope this helps. Kind regards, Allan
Kavita, A B2 status is fine. There should be no need to change it. Visas and statuses in the U.S. are not always the same. If you really want to report, then you can **make an INFO pass appointment with the USCIS and discuss in person**.
Kind regards, Allan
Dlipak, Your visitor visa should still be valid even if you did not travel within 6 months after visa issuance. Each visa is different. Kind regards, Allan
Nijjar, What I wrote on this blog is correct. **From the standpoint of the U.S. government there is little interest in family matters, pregnancies and so forth.** They want your parents to spend money on the U.S. economy and to return home when the stay as a visitor expires.
It is true that caring for an infant can be considered work, so you don’t want to care for the infant. However, giving your wife emotional and even perhaps financial support while in the U.S. is good. Essentially, it’s fine to mention the pregnancy, but also she should mention she will come to the U.S. to give emotional support and celebrate. She should bring money with her to show her support.
I hope that helps. Kind regards, Allan
If he applies again for a visitor visa, he must by rule speak with a different consulate officer. Since you are on deployment, it will help to show your duties and that you also cannot remain in the U.S. The **U.S. consulate in Casablanca is a very difficult consulate for visa processing, so don’t be surprised if she receives the same treatment twice**. Visiting the U.S. is all about having the foreigner come spend money as a tourist. It has very little to do with family planning issues and so it makes sense she might be denied a visitor visa to marry. I am available to assist with immigrant processing if interested. Please contact me to discuss further.
Kind regards, Allan
Hi Allan,
My parents have a 10 year multiple entry visa to the USA. My question is if they visit the USA say from Sep to Nov of a particular year. Can they exit the USA in November and re-enter in December of the same year – that is can they exit and reenter the USA within one months time? What are the risks associated?
Regards, Jan
Jan, Yes, it can be possible. The chances of success depend on their wealth, nationality, purpose in coming to the U.S., likelihood they will not try to overstay their welcomes, and port of entry. The more standing they have in the greater community, the more likely it is that they can come and go as they please. The more money they plan to spend on the U.S. economy, the more attractive they are as tourists. The more compelling the reasons to return home, the more secure a border agents feels in knowing they will not overstay their welcome.
I hope this helps.
Kindly, Allan
Hi Allan,
I’m a US citizen stationed overseas. My fiancée is in another country, has a 5 yr B1/B2 multiple entry visa, and visited the USA once. I plan to return in September and buy a house. What is the best course of action to take so we are together soonest:
A) get married overseas and come together in September, and then remarry?
B) file for a Fiancé visa – and how long does that take?
C) have her come to the US and get married while she is visiting?
Any other recommendation is greatly appreciated. Thank you
Danie, There are a number of problems with the proposals that call for a discussion. Here are some quick pointers:
— There is one lawful marriage worldwide. If you have a valid marriage overseas, you are married. — She may have a problem entering on a visitor visa for the purpose of marrying you. There is a risk that she may not want to depart the U.S. at the end of her visit. A fiancee visa is to marry in the U.S. and then remain for green card processing. The timing on a fiancee visa depends on her nationality and where she resides. — The fact that you are in the Armed Services may give you some advantages in terms of planning her immigration. I need to know where you are stationed. Can you please email me or call me at 1-888-483-0311 if interested in working together on her case processing?
I hope to hear from you.
Kindly, Allan
Hi, Allan
I m a 33 yrs old married guy from nepal. I have got 6 months single entry B1 b2 visa. I m going for my USMLE (united states medical licensing examination ) step 2 clinical skill assessment. This is a exam to get a ECFMG (educational commission for foreign medical graduates) certificate which allows foreign doctors to do residency in usa. It is a long process which takes about an year to get residency. Result of match are held in the month of March every year. I’m Giving this exam so that I can apply for matching for 2017. As my visa expires on September 29 2016, and I’m going to us on may 10 to attend step 2 clinical skill assessment on may 18, 2016. As normally 6 months i94 given at immigration, so I can stay there till November 10. Could you please help me what should be my return ticket date from us, as I’m worried that if I keep my return ticket before my visa expiration date i.e sep. 29, 2016, I may get shorter stay duration at immigration seeing my return ticket date.
Dr. Gyan, Thanks for asking.
Yes, it is unpredictable. Your return date should be tied to your purpose in coming to the U.S. If you want to come to take an exam and then stay a bit longer to be a tourist or visit friends or relatives, it makes sense. If it appears you are simply trying to stay as long as possible without a purpose, you may have trouble at the border check. Consider choosing a return date that makes sense. If there is no problem at the border check, you might be given 6 months. If you want to stay past the date on your return ticket, see what is the cost to change tickets.
In any event, I suggest that you not try to stay the whole six months unless there is a good reason or your are quite wealthy. The U.S. government wants rich people to spend money on the U.S. economy. If you only stay the amount of time that is reasonable, then you will likely be eligible for a new visitor visa in the future. Also, there should be no question about any other visa for which you apply.
Kindly, Allan
Hi Allan,
I’m a U.S. Citizen and pregnant for 2 months. I had problem with my last pregnancy and hence thinking to bring my mom to take care me as early as possible. But problem is that my mom has broken her leg and she need to stay there. In my family, my father is a stroke patient and my sister have her own family. Bringing my only brother is only option to me. Could I bring him here or is there any issue will arise here?
Please help me in this regards. N.B. My husband is a complete jerk and have some problems, therefore I can’t fully rely upon him.
Mithila, I am sorry your husband is not helpful. Your brother will not qualify for a visitor visa because he is not allowed to work during the visit. Caring for you is employment, whether or not he is paid. It takes a job away from another American who could work for you and be paid. It does not matter whether or not you can afford to pay someone. Regrets, Allan
Hi Allan,
I am John from Indonesia. I was granted for B1/B2 5 years Visa last February 2016. My Company is going to send me together with my two colleagues to visit USA (enter from LA and exit from SF) on May 22, 2016 for business trip. The trip will take 3-4 days but maybe we plan to extend for city strolling in SF for another 3 days so total about 7-8 days. While waiting my departure, a friend of mine planned to go to NYC from April 30 to May 7, 2016 and asked me to join him. I agree and had my tickets and hotels for NYC booked and paid. Now i just realized the interval between those two trips is about two weeks only. Will there be a problem for me on my second entry for the business trip on May 22? Any suggestion? Thank you in advance.
Best
John
John, It sounds like you should be fine. On your first trip you are only staying a few days and it’s for business. The U.S. government wants support for our U.S. economy, so business trips are good for the U.S. The second entry is for a short time too, and you are booking a hotel stay. More money for the economy. You could have a problem of course, but I don’t think so. Bring evidence of your ties to Indonesia, including the fact that you have a job there and a place to live. A bank statement showing you have a bit of savings can help. You may not need to pull out documentation, but at least you have it if you are pulled into secondary inspection. Kindly, Allan
Am a 24-year-old Kenyan and I will be receiving an invitation letter to attend my uncle’s wedding. However, there is an American client I have been making Softwares for which he sells to the UK and was already planning to invite me to work with him but am very confused now….should I go for the wedding in the US, come back to my country, receive the request to work with my client then i go back to the US again? Please help me as I dont even know what I should say at the interview with the embassy’s guys. Thanks
Martin, There is only so much time I can spend to help. It’s good that you are doing business in the U.S., so coming for business helps, but a fear you might work in the U.S. is problematic. If you come for the wedding, you can talk to your work partners while you are here, but you cannot work. You would need a work visa. If you want to work in the U.S., please contact me off-post. I will want to know your nationality and whether you are investing into the U.S. economy. Kindly, Allan
Hello,
I came to the US on b1 visa planned to stay 2 months but changed the plan and stayed 5 months. Now planning to marry my girlfriend whome i came to visit. Is it good idea to do it now and apply for AOS, will it affect my 180 days limit? Can i overstay that period if my aos is pending?
Alex, It is possible to put you in a pending status while your green card application is being considered. A pending status should normally stop the 180 day clock for a bar from the U.S. Personally, I think you should not take risks and instead consult privately with an immigration attorney. I’m here to help if interested. Fees are reasonable. Kindly, Allan
Hi Allan,
If a company has to send for training for 5 months on B1 visa, is it going to be difficult to obtain given the length of training?
If so what is the solution.
Thanks and Regards,
Saumya
Hi,
my wife is pregnant and we are expecting the baby on first week of October. My Mom and Dad have visitors visa so they will be coming on Mid september, is it possible that they can stay more then six months to support us during this time?
Thanks,
Abhi
Saumya, Have you spoken with the employment immigration attorney working for the company, if they have one? A 5 month training program on a B1 seems reasonable. Kindly, Allan
Abnishek, Yes it is possible for them to remain in the U.S. more than 6 months by applying to extend their stays in the U.S. as visitors. However, the reason cannot be to help with your wife or child during that time since that is considered work. It takes a job away from an American who needs the work. Giving emotional support should be fine. Also, there is a risk that in the future, their entry to the U.S. as visitors can be blocked. They may obtain approval of extension from the USCIS, but the border patrol is under CBP. Agencies don’t all agree with each other so an extension approval might be met with resistance when in the future they try to reenter the U.S. If they have good cause for the extension, it may be o.k. with a friendly border agent. I’m not sure helping with a normal birth is good cause to extend. It’s not the same as a medical emergency. Kindly, Allan
Hello Allan,
I am currently in the US on tourist B1/B2 visa. I came here on Jan29,2016 and the CBP stamped for me to stay for 6 months until July28. So right now I have been staying in the US for almost 3 months. In this 3 months I visted friends, families, and also looking for graduate school. And recently I just got an I-20 for a graduate school that I got admitted and planning to leave the US in about 2 weeks from today to apply for an F1 visa in my home country. My question is that would there be a risk that my F1 visa would get denied at the visa interview because I have been staying here for about 3 months and I am afraid that the officer at the US embassy would get suspicious why am I in the US for quite this long? I asked a few people and they told me that I should not have a problem since I was an F1 Visa status student before in 2010-2015, graduated with bachelor’s here and never had a bad records on SEVIS. I hope to hear back from you soon! Thank you in advance.
Chris
Hi, my mom entered the us 2 days ago, And when i looked at her passport they didn’t put any stamp about how long can she stay but they only put “VIOPP” under the b-2. What does that mean? And how long can she stay? She has a visas that expired in 2018. Thanks
Chris, You are authorized to stay for 6 months and are only staying for 3 months. During that time, you applied for university studies and now want to apply for a student visa at a U.S. consulate abroad rather than try to change status stateside. You will be paying international tuition to go to school in the U.S. All of what you are doing is correct. The immigration agencies want you to follow the rules as you are doing. It’s good. You could have a problem from an unreasonable immigration officer, but you are doing the right things. You will likely be o.k. Kindly, Allan
Ibrahim, VIOPP means Visa in Other Passport. She must have 2 passports.
The visa expiration date means she is welcome to travel to the U.S. during the validity period. However, when she arrives at a U.S. port of entry, the immigration border agent will let her know how long she can be in the U.S. on this particular trip. She should be able to go online and see her expiration date for this trip.
Electronic I-94 Process – Customs and Border Protection (CBP) now issues electronic I-94 cards at air and sea ports of entry along with an admission date stamp in the passport. Be sure to print off your electronic I-94 as soon as you arrive in the U.S.
https://i94.cbp.dhs.gov/I94/
Kindly, Allan
hi Allan,
My parents have been visiting me every year, and they stay back on an average for 4 5 months.
this has been the trend for 2012, 2013, 2014 and 2015.
they are 69 and 66 yrs old as of today.
yesterday when they came to JFK they were asked by the office how long they plan to stay and my dad said about 5 months, and the officer said that u come every year and stay for 4 5 months, your visa might get cancelled.
they usually just come to see me and spend time with the grand kid. dont work here or make money of any kind.
how can i deal with this situation? i dont want thier visa to be cancelled under any circumstances as getting a new one will be very difficult.
Anand, This is consistent with the comments in my post. It’s not unusual. If you want to discuss, would you be open to a paid phone consultation? I’m not sure what else to offer. If interested, please call me at 1-888-483-0311 and report you would like a paid consult and the reception desk will set it up. Kindly, Allan
Hi Allan.
I was wondering if you could help me out on a question I have. My family and I am currently in the USA on a 10yr b1/2 visa with a 6month entry which expires end of August 2016. I am investigating vocational study and planning on switching my status mid August. I am now needing to leave USA in the end of July for a week to then return early August, my family will be staying in the USA, when I return will I run into trouble at the boarder or will it be OK as they have already granted me a stay still end of August?
Hope this makes sense, look forward to your reply.
Martin.
Martin, This is a dangerous maneuver to change status stateside. When people do this, they are often not able to depart the U.S. and return because a change of status inside the U.S. is not the same as a multiple entry visa. When you entered the U.S., the border agents indicated how long you should stay. An application to change status is legal, but only approved by the USCIS. The next time you try to enter the U.S., the border agent can block your entry because you never received permission from CBP to remain in the U.S. Also, your family members can be penalized if you change status. They are no longer “trusted” to follow the rules set out by CBP. It’s basically a punishment that you don’t anticipate when you change status. CBP wants you to depart on time and apply for a proper visa at an overseas consulate post. You don’t have to do so, but then also CBP might not cooperate either. Kindly, Allan
Hi Allan,
My friend is a Canadian PR holder and came to visit the United States 5 months ago. She is on a Sabbatical and is looking to get into grad school. Her I-94 will expire end of May, she wants to go back to Canada and stay there for 15-20 days and come back to the US to explore more Grad school opportunities and visit different campus and talk to the Counselors. Will she have any issues coming back to the US?
Sahir, Yes, she can have a problem returning. It’s hard to say whether she will be lucky or not. It may help to show evidence of where she is applying to school and that she has the money to pay for school. She’s shopping for oppoturnities and promises to return to Canada and apply for a student visa there for next Fall or whenever school should start. The information provided on this page stands. Kindly, Allan
Hi.am currently in the usa on a b1b2 visa.stamped to leave sept but am pregnant with triplets which are due july and would be too young to travel so i’ve decided to apply for admission to go to school and change my status so i can stay back on f1 visa.will that be granted.
Jamie, You have to be careful. Many immigration officers view births in the U.S. by foreigners wanting anchor babies. There will likely be suspicion of misrepresentation on the F status change. It can affect your future plans in visiting the U.S. or immigrating. If the pregnancy is difficult, you could apply for humanitarian status. You could also disclose the pregnancy on the F status change and see what happens. It is likely you would be denied the change of status, but you never know. Kindly, Allan
I am from Jamaica i have a baby in the US in December and i leave in February i get six month and stay for five month i am i in trouble to stay for five month. i need to know because i want to take him up so july of this year for three weeks can i come with out any problem.i have a B2 visa
Hi Allan,
I performed a 4 month expenses-paid internship with a New York based company in Mumbai and partially from home. The company now wants to employ me for their India office but wants my orientation, technical training etc. to happen in New York over a 6-month period starting June 2016. The company filed for an H1-B for me this year but the case was never picked. They might apply for an L1 sometime later for me. I already hold a B1/B2 visa and have visited the US in May 2015 for two months for meetings etc. on another virtual work project I was doing for somebody else, in Florida. I have no ties with this previous employer now.
Will a 6-month duration be questioned even if this is only for technical training and educational travel with my present company? The employer will pay for my travel and living while in the US.
Tameka, There is a medical visa on a B2 visit so that you can give birth in the U.S. If you entered as a simple visitor, it is possible your B2 visa will be cancelled unless perhaps you discussed with the CBP border patrol that you were coming to the U.S. to give birth. It would likely be documented by CBP. You can try anytime to visit the U.S. again. Waiting longer is better. Kindly, Allan
Apoorva, Please talk to the immigration attorney for the employer about a B1 in lieu of H1-B. They may not need to adjust the training schedule to accommodate. The plan looks viable. Kindly, Allan
I am 4 months pregnant, on B1/B2 visa . I intend traveling to US for 2 weeks for shopping, with no intension of staying there or given birth. With current pregnancy stay,this time is probably the best time for me travel. However, I can afford the cost of having my baby in the US if wanted to, but that is not the case. My worries, do i tell the immigration officer that I am pregnant when asked or simple tell them I not, just to avoid complication on my true travel intention of visiting the US?
Mrs. Cathy, Based on what you wrote, I do not believe you are compelled to volunteer that you are pregnant. You are in the early stages and only plan to visit for 2 months. Of course, if asked about your pregnancy, you must answer honestly and completely. A big problem for you would happen if you actually gave birth in the U.S. The child would be a U.S. citizen, but you would very likely not be able to access the U.S. any longer. It also can happen that you are barred from the U.S. for misrepresentation at the border check, even if it’s not true. You would buy a host of potential problems with your own immigration. So long as you visit and leave on time without giving birth in the U.S., you should be fine. Very kindly, Allan
Dear Allan,
I have some questions about B1&B2 visa and I would appreciate if somebody could help me here.
Recently I got a B1&B2 visa with the validity of 10 years (until 2026). I’m heading to New York on May 25th and staying there until June 5th (10 days). As far I understood I will get an admission for stay with a length of 6 months (until November 24th), of course if I can convince the immigration officer about my visiting purpose.
Here are my questions:
1. I would return into the US end of July 2016. Will the officer interview me again relating to form I-94?
2. Will he/she grant a new admission for the next 6 months (untill end of January 2017)? or I’m allowed to stay just until November 24th (first admission)?
3. If I leave the US right before November 24th (like visiting Canada for 2-3 months), is it possible to come back into the US beginning of 2017 to get a new admission? in another word is there any certain time between expiry date and eventually new admission?
Thank you very much!
Alfredo, Part of the answer depends on your nationality. Generally, a CBP border agent will allow a 6-month stay, but not always. It’s up to the CBP officer what they want to do. One consideration is recent prior entries. If you’ve recently been to the U.S., you might not get 6 months on the new entry. If you depart the U.S. to Mexico or Canada and return, the clock on your exit date generally remains the same. You very often would not be given an additional 6 months. Your original I-94 electronic entry would remain the same. If you go to Mexico or Canada for an extended stay, then you have a good chance of obtaining a new I-94 status. A stay in Canada from early June to late July seems reasonable. That’s not just a short cross-over to try and extend your visit. I hope this helps. Kindly, Allan
Hi I would like to know what does B2 written by a CBP officer means on my passport? How can I know how long I am permitted to stay in the US?
Hi Allan
I was on b1 b2 visitors visa. last year I gave birth to my first baby in us on visit visa. I have to go back to USA this year for my sister’s wedding. will there be any problem at the point of entry if I come with the baby?
I entered the us in March 2016 on a b1/b2 visa on a Nigeria passport with permission to stay for 6 months with intention to visit and go back as I have done in the past. On this trip I was convinced by my brother a Us citizen to stay and go to school here. I have applied for a change of status to f1 and awaiting a response. I want to know if it will be ok to go Canada in December for Christmas and get a student visa stamp there.
Rafeena, Customs and Border Protection (CBP) now issues electronic I-94 cards at air and sea ports of entry along with an admission date stamp in the passport. Be sure to print off your electronic I-94 as soon as you arrive in the U.S. https://i94.cbp.dhs.gov/I94/
Kindly, Allan
Sara, Yes, you can have a problem entering the U.S. with or without the baby unless you entered the U.S. on a B medical visa in order to give birth in the U.S. Allan
Abby, Likely not. The school should know, but it is very likely that the place of your residence is the place where you must apply for an F1 visa. Even if you were able to apply in Canada, which I doubt, still you must show strong ties to Nigeria. Canada will want you to be in Nigeria to show strong ties, so the chance of approving an F1 is very small given you are from Nigeria. Kindly, Allan
on April 15 2016 I and my husband came to us with b1b2 visa but our initial plan was for me to give birth in june 2016, and go back to my country but at the long run i found this place interesting which i will like to go to school my husband left after 7 days. A friend advise to change my status to f1 visa through community college, will that b possible?
Hello
I would like to know, if my mother can come in August of 2016 and leave on May 2017 with a B1/B2 visa? That’s almost a year.
I am a full time student and a single mother, I wanted her to come to the US to help me with my daughter, so I can study as a full time student.
Can I do that, or can I call the border agents or immigration to ask if I can do that?
Hi Allan, my husband and I are from the UK and have been visiting the US on the VWP for the past 20 years for a mixture of business and holiday. We would like to spend more time in the US and would like to know if we can spend longer than 90 days (ideally up to 6 months per year) in the US and if so how we go about doing this? If this isn’t possible can we visit for 2 periods of 90 days within one year under the VWP? Many thanks for your help!
Hi,
I have been allotted with a visitor visa for 1 year and at the time for interview the Interviewer has told that I will not be able to stay for more than a month. Will this a be a final one? Is it possible can I stay for more than a month in USA on my single visit? Or is there any other way to determine the length of stay in USA?
Thanks in advance,
Jyoti
Bola, There is a good chance any application to renew your visitor visa or change to another status may be denied if you did not disclose your intentions to give birth to a U.S. border agent. There is a medical B visa for purposes of giving birth in the U.S. It’s different than a tourist visa. Giving birth here was risky in terms of your ability to continue coming to the U.S. if the plans to give birth were not disclosed.
Any application to change status from one visa to another might be approved, but the next time you try to enter the U.S. on any visa, there is a good chance you will be denied entry. The border agents did not authorize a student status, so a border agent can deny your entry in the furture even if the USCIS approves a student status. There is lost trust at the border check. Kindly, Allan
Stephanie, Your mother should not come to the U.S. to take care of your child because that denies an American the opportunity to have that job. It can be possible for your mother to stay more than 6 months and up to a year or more, but this can hurt her chances of success in visiting the U.S. in the future. Every situation is different and so I cannot figure out her chances of success in staying a long time in the U.S. or being able to visit again in the future after an extended stay here. Kindly, Allan
I have 2 years b1/b2 with my husband and children, the holiday start by July for 2 weeks only. I came to Chicago alone to shop for my family before the time. I was deny entry and my visa was cancelled. What can I do to get my visa back?
Jyoti, When you arrive in the U.S., the CBP border agent will inform you how long you can remain in the U.S. The visa is simply for the purpose of getting to the U.S. CBP will tell you how long you can stay on each trip. Kindly, Allan
A woman some friends know was here on a visitor visa and overstayed for a few years. She then departed across the Mexican border by bus. They tell me she says can now or has gotten another visitor visa because there was no record of her ever leaving the USA. This really bothers me, is that actually true?
Hello Allan, I would like to hear your opinion about my messy situation! I have been granted a visa in 1999 to enter the USA as a minor for re-union with my family there (refugees who became green card holders then). I did visit USA 3 times for 3 consecutive years (first time is for 5 months, next two times is just for 3 weeks) due to my college study abroad. Within my first stay, I got SSN, state ID, work permit and even a refugee travel document so I can travel abroad. I did renewed that travel document for about 3 times (3 yrs) until 2004, which I stopped then because I have settled then in another country till now. My question is; Do I have any chance now after 12 yrs to apply for a green card or retrieve back my previous status including the travel document?! I mean any legal status in the USA or whatever!
Please advice, thanks!
Michelle, Visiting on the VWP by departing and returning shortly thereafter is a common ploy that does not work to extend the time. You risk being blocked. If you are well funded and have good cause to remain in the U.S. longer than 90 days, then you should apply for a B visitor visa at your nearest U.S. consulate. The consulate officer will want an explanation why you need longer than the 3 months. Typically, those who are wealthy can do as they please. The U.S. government wants foreigners spending money on the U.S. economy the same as any country wants this. Very kindly, Allan
Marijke, It likely means she did not tell the truth when she applied for a new visitor visa. The bar for an overstay of more than one year is 10 years. Even if she waited more than 10 years to apply for a visitor visa, the problem of the overstay means she is not trusted. It’s likely that she would not receive another B visitor visa if she violated the terms of the first one. She now also has the problem of a fraud if a government agency ever discovers she received the B visa after overstay. A fraud is a permanent bar from the U.S. Bars can sometimes be waived, but they are not easy. Kindly, Allan
Aboudi, Since you now reside in a country other than the one of your nationality, it is unlikely you can regain refugee status. A relative should be able to petition you for an immigrant visa and green card, depending on the relationship:
https://asl-lawfirm.com/immigration-visa-for-relatives/
If you feel you may have an opportunity, you are welcome to contact me off-post and I will be glad to assist. Very kindly, Allan
Idowu, You must reapply for a visitor visa. The border agents at O-Hare Airport are more difficult than average. When you reapply, you must show that you’ve obeyed U.S. laws and that you have strong ties to your home country. It also helps to show you have money to spend on the U.S. economy as a tourist. I’m sorry to hear about the trouble. If there is an opportunity for you to obtain a green card, it helps. The visitor visas are good visas, but just not as stable as having a green card. Very kindly, Allan
Hello Allan, I came into the US in Oct 2014 with a 1 month annotated visa for a 2weeks event, was stamped in for 6months, so after the event I stayed back to birth my baby although I never mentioned about my pregnancy to the Consulate Officer during my interview because I was not asked any pregnancy related questions, also the cbp officer too didn’t know about the pregnancy also. I made sure all my bills were paid and left the country before my stamp was up. Got back to my country (Nigeria) waited for a year and now reapplied in May stating Vacation at my interview the officer asked me why I was in the US for 6months and I mentioned because I had a baby and showed him my zero balance receipts, he then asked why I was applying for now and I mentioned I was going for vacation (meanwhile I am Pregnant again and want to birth in the US and was scared to mention it) so my visa was denied 214b. Immediately I was advised to reapply again by a friend and tell the truth that I want to go birth in the US, so I did reapply for a B2 visa citing Medical. So I went in for the interview just few days back and the consulate officer that interviewed me didn’t even give me a chance to speak, she kept saying I have misrepresented twice citing that I applied for a Vacation in 2014 with the sole intention to birth my baby in the US and now a month ago I applied also citing vacation also with the intent to go birth another baby that it’s Misrepresentation. Mind you the 2014 visa wasn’t vacation it was a B1 1 month annotated Visa that was only extended at the POE by a CBP to 6months stay which I just thought to utilise. I couldn’t even defend myself because she kept saying I need to be very honest that this is my last chance and all so I stupidly accepted that I have misrepresented and asked her to forgive me. I immediately started apologising and all. But she wouldn’t listen and said I am only sorry now because I have been caught and finally denied my Visa without even checking any Documents or even interviewing me on the basis of my new application, all she was focused on was my previous 1 month ago application. She denied me under sec 214B. Now I want to Reapply because I so want to birth this baby in the US. How do I go about it? And what are my chances at getting the Visa? Also is it possible that I may have been banned without been informed? I await your reply. Thank you.
Joan, Misrepresentation before an immigration officer is grounds for a permanent bar from the U.S. If the officer documented your misrepresentation, then you are barred. Even if you did not confess, still you could be charged with fraud because your intentions were not just to visit. Entering the U.S. as a “visitor” and giving birth is not good. You should have applied for a medical B visa to give birth in the U.S. for good cause.
If you are wealthy, I can help you apply for a waiver of the life bar because the U.S. may still want you to come to the U.S. to spend money on the economy. If you have a U.S. citizen fiance or spouse, a waiver to immigrate to the U.S. may be a possibility. Otherwise, you are stuck. Allan