Denden12

I just arrived in the USA . I was held for 4 hours in secondary inspection my phone and bag was search . I was told that I enter the the 5 times in one year . I normally spend 2 weeks max or 1 week each visit . The office one give me 2 weeks stamp and say I should stay out the USA alteast 6 months before coming back . She say I make too much visit and that's abuse of visa . Can you tell me do I need to get a new visa . Or who can I write to cause I only normally spend a week I work full time in the uk . She never cancel my visa but she say I should stay out 6 months before coming back. Does that mean it cancel ? I did ask her but she say it's still valid so why I only given 2 weeks stays

ian-mstm

No, you don't need a new visa - but you must leave the US within 2 weeks.


The CBP officer has complete discretion over whether to admit you to the US and decide how long you'll be allowed to stay. There is no one you can write to because the officer acted within the scope of her duties.


Perhaps you should do as she suggested.


No.


No one here can say why she gave you 2 weeks... but you must leave within that time. She has the ability to admit you for 6 months or 1 day or never. It's her choice... not yours. It's likely that she knows about your prior visa history and charges that were made against you.

Ian

Denden12

Ian there was no charges against me I was not charged it's was malicious fake allegations.

She say I spend more time in the USA which I can't see I only 1 weeks most time 4 or 5 times a year

Noorah101

Just do as she suggested. This trip will be 2 weeks long. Stay outside the USA 6 months. Then try another visit. What's the problem?

Rene

ian-mstm

Whether or not it's actually true, she is within her authority to limit the amount of time you're allowed to stay in the US... and there is absolutely nothing you can do about it. If you think you're being treated unfairly, there's still nothing you can do about it - entry to the US is a privilege, not an entitlement... and the only thing that matters is what the CBP officer thinks when you ask permission to enter the US.

Ian

Denden12

I understand. I know it's upto the cbp. I want to know clear if I can go back or if they don't want me in thier country . I will go back to the embassy and apply before going back .

MidAtlantic

You are making it far too complicated. Just do what the CBP officer said. Do not stay for more than two weeks and do not go back for six months.

ian-mstm

Yes, you can go back!


That would be a complete waste of time - because they have no authority over what the CBP does! Your visa wasn't cancelled and you were allowed to enter the US.

I really have no idea why you think something bad has happened to you!

Ian

Jerseygirl

Apply for what?

You have been told what to do...leave the US within the 2 weeks. Do not attempt to return for 6 months.

Noorah101

Yes, you can go back, as long as your current B2 has not expired.

Apply for what? If your current B2 is unexpired, you don't need a new one.

Rene

Pulaski

And hypothetically, if you did apply for and obtain a new B-2 visa, it wouldn't change anything the next time you enter the US and are questioned by a CBP officer. As Ian said, CBP officers have total discretion on how long, or if to admit you to the US.

Guindalf

In fact, if you apply for and are successful in obtaining a new visa (which I doubt would happen), it could make it worse for your next attempted entry, even if you did wait the six months.

The reason being, it could be taken as suspicious behavior, so take the advice you've already been given multiple times!

No-one can predict what'll happen at the POE, but we can tell you what we know from experience, what will minimize the likelihood of problems.

petitefrancaise

you say you only spend a week at a time here in the USA anyway, you've been given 2 weeks. How long were you planning on staying anyway?

crg

The official may suspect that your activities are more than visiting. Be prepared to prove that they are consistent with visiting at each entry.

If you were coming for one week, who cares if you received a two week admission?

They can admit you for up to one year and as little as one day or not at all. If the stay is limited to less than 6 months for any reason besides passport validity, there is supposed to be supervisory approval.

The guidance to stay out for 6 months is not binding. If the visa is valid, you're permitted to seek entry with it. The next official who inspects you makes the decision about whether or not to admit you and for how long.

S Folinsky

I participate in a closed Facebook group of immigration lawyer. A member posted a "no EOS/AOS" endorsement by CBP and wondered about the effect. It was amusing to see how many different and creative ways to say "none." My contribution was "bupkes."

One poster mentioned talking to a colleague who used to work for the dark forces, and it was only a trigger to further inquiry.

BTW, mere frequency of visits is not a ground of inadmissibility. In fact, it can be an indication of valid visitor intent.