Chengen Geo

Hello,

Can someone please comment on the following situation?

Multiple entry B1/B2 visa, valid until March 2008. Entered the US in
May 2007. I-94 will expire in November 2007. Plan to take a trip to
the Bahamas in November 2007 before I-94 expires, hoping to receive a
new I-94 valid until May 2008.

Is that possible? Will there be risk of being denied entry and the
port of entry? Could the new I-94 be shorter than 6 month?

Thank you for your comments.

Regards,
Jesse

augigi

Sounds like you already know the answer. Yes, your entry to the US is always dependent on the officer at the point of entry. This is particularly risky if you are only out of the US for a short period of time in between US stays.

Yes, they can give you less time than 6 months, depending on what you tell them you are going there for.

You may have to provide evidence that you are not trying to live in the US - because it sounds like that is what you are trying to do.

Chengen Geo

On Aug 23, 12:29 am, augigi <[email protected]>
wrote:
> > Hello,
>
> > Can someone please comment on the following situation?
>
> > Multiple entry B1/B2 visa, valid until March 2008. Entered the US in
> > May 2007. I-94 will expire in November 2007. Plan to take a trip to
> > the Bahamas in November 2007 before I-94 expires, hoping to receive a
> > new I-94 valid until May 2008.
>
> > Is that possible? Will there be risk of being denied entry and the
> > port of entry? Could the new I-94 be shorter than 6 month?
>
> > Thank you for your comments.
>
> > Regards,
> > Jesse
>
> Sounds like you already know the answer. Yes, your entry to the US is
> always dependent on the officer at the point of entry. This is
> particularly risky if you are only out of the US for a short period of
> time in between US stays.
>
> Yes, they can give you less time than 6 months, depending on what you
> tell them you are going there for.
>
> You may have to provide evidence that you are not trying to live in the
> US - because it sounds like that is what you are trying to do.
>
> --
> Posted viahttp://britishexpats.com- Hide quoted text -
>
> - Show quoted text -

Obviously, the purpose is to legally stay in the US longer. Hopefully
the immigration officer would not punish people who want to play by
the rules.

In theory there is always a risk of being denied entry, but is it also
true in practice? I can imagine many people coming to the US for
vacation and wanted to spend a few days in the Bahamas or Mexico or
Canada and return to the US to finish the vacation. Is there actually
a risk of being stuck at the border?
Thanks.

Jesse

AdobePinon

Sure. But most people don't take a one-year vacation. You know the answer you're looking for.

Lilyella

The risk is definitely not just theoretical, it's very real. If I were you I wouldn't try this. I've heard of very similar case where the person was denied entry -- and if this happens, it most likely means the B1/B2 being voided. If you want to spend a further six months in the US, I would suggest leaving the continent for a while before trying again.

Noorah101

It's true in practice. Yes, many people visiting the USA might hop over to Mexico for a few days during their vacation...but what happens is, they do it in the middle of their 6-month stay in USA. When they are re-admitted to the USA, it's for the remainder of the 6 month time frame. You're trying to do this and get a NEW 6-month stay. If you want to hop somewhere else for a while, don't leave it so close to the end of your I-94 validity. That way, when you are let in the USA again, you still have time to catch your flight out as planned. If you leave it to the last minute, you might be too late.

Rene

Chengen Geo

On Aug 23, 11:39 am, Noorah101 <[email protected]>
wrote:
> > On Aug 23, 12:29 am, augigi <[email protected]>
> > wrote:
> > > > Hello,
>
> > > > Can someone please comment on the following situation?
>
> > > > Multiple entry B1/B2 visa, valid until March 2008. Entered the US
> > > > in
> > > > May 2007. I-94 will expire in November 2007. Plan to take a trip
> > > > to
> > > > the Bahamas in November 2007 before I-94 expires, hoping to
> > > > receive a
> > > > new I-94 valid until May 2008.
>
> > > > Is that possible? Will there be risk of being denied entry and the
> > > > port of entry? Could the new I-94 be shorter than 6 month?
>
> > > > Thank you for your comments.
>
> > > > Regards,
> > > > Jesse
>
> > > Sounds like you already know the answer. Yes, your entry to the US
> > > is
> > > always dependent on the officer at the point of entry. This is
> > > particularly risky if you are only out of the US for a short period
> > > of
> > > time in between US stays.
>
> > > Yes, they can give you less time than 6 months, depending on what
> > > you
> > > tell them you are going there for.
>
> > > You may have to provide evidence that you are not trying to live in
> > > the
> > > US - because it sounds like that is what you are trying to do.
>
> > > --
> > > Posted viahttp://britishexpats.com-Hide quoted text -
>
> > > - Show quoted text -
>
> > Obviously, the purpose is to legally stay in the US longer. Hopefully
> > the immigration officer would not punish people who want to play by
> > the rules.
>
> > In theory there is always a risk of being denied entry, but is it also
> > true in practice? I can imagine many people coming to the US for
> > vacation and wanted to spend a few days in the Bahamas or Mexico or
> > Canada and return to the US to finish the vacation. Is there actually
> > a risk of being stuck at the border?
> > Thanks.
>
> > Jesse
>
> It's true in practice. Yes, many people visiting the USA might hop over
> to Mexico for a few days during their vacation...but what happens is,
> they do it in the middle of their 6-month stay in USA. When they are
> re-admitted to the USA, it's for the remainder of the 6 month time
> frame. You're trying to do this and get a NEW 6-month stay. If you
> want to hop somewhere else for a while, don't leave it so close to the
> end of your I-94 validity. That way, when you are let in the USA again,
> you still have time to catch your flight out as planned. If you leave
> it to the last minute, you might be too late.
>
> Rene
>
> --
> Posted viahttp://britishexpats.com- Hide quoted text -
>
> - Show quoted text -

Thanks for all the replays, they are very helpful.
If I understand correctly, going to the Bahamas in August or early
September (middle of the original 6 month term) would be safe (any
risk still?). However, the new I-94 will only valid until November
(the original date). Is that correct? Any chance the new I-94 will be
for 6 month?
Thanks again everyone.

Regards,
Jesse

Noorah101

There is *always* a risk when you leave the USA and try to re-enter. But you'll probably get a better chance with the plan of visiting the Bahamas in August/Sept, and your new I-94 will probably only be valid till November. Is there a chance you could get a new I-94 for 6 more months? Sure, you can ask for it...you might get it...but don't be surprised if you don't.

Rene

augigi

Jesse, it's not playing by the rules. The VWP rules specifically say that you must leave the North American continent, and also that you cannot go to nearby countries to get another 6 months.

I've personally left the US after about 5 months, gone to Europe for 3 days, then got another 6 months when I went back to the US (which I didn't need, the guy just stamped it for 6 months without asking how long I needed). However if I had gone to Mexico, for example, this may not have happened.

Good luck.

Chengen Geo

On Aug 24, 7:22 am, augigi <[email protected]> wrote:
> > On Aug 23, 12:29 am, augigi <[email protected]>
> > wrote:
> > > > Hello,
>
> > > > Can someone please comment on the following situation?
>
> > > > Multiple entry B1/B2 visa, valid until March 2008. Entered the US
> > > > in
> > > > May 2007. I-94 will expire in November 2007. Plan to take a trip
> > > > to
> > > > the Bahamas in November 2007 before I-94 expires, hoping to
> > > > receive a
> > > > new I-94 valid until May 2008.
>
> > > > Is that possible? Will there be risk of being denied entry and the
> > > > port of entry? Could the new I-94 be shorter than 6 month?
>
> > > > Thank you for your comments.
>
> > > > Regards,
> > > > Jesse
>
> > > Sounds like you already know the answer. Yes, your entry to the US
> > > is
> > > always dependent on the officer at the point of entry. This is
> > > particularly risky if you are only out of the US for a short period
> > > of
> > > time in between US stays.
>
> > > Yes, they can give you less time than 6 months, depending on what
> > > you
> > > tell them you are going there for.
>
> > > You may have to provide evidence that you are not trying to live in
> > > the
> > > US - because it sounds like that is what you are trying to do.
>
> > > --
> > > Posted viahttp://britishexpats.com-Hide quoted text -
>
> > > - Show quoted text -
>
> > Obviously, the purpose is to legally stay in the US longer. Hopefully
> > the immigration officer would not punish people who want to play by
> > the rules.
>
> > In theory there is always a risk of being denied entry, but is it also
> > true in practice? I can imagine many people coming to the US for
> > vacation and wanted to spend a few days in the Bahamas or Mexico or
> > Canada and return to the US to finish the vacation. Is there actually
> > a risk of being stuck at the border?
> > Thanks.
>
> > Jesse
>
> Jesse, it's not playing by the rules. The VWP rules specifically say
> that you must leave the North American continent, and also that you
> cannot go to nearby countries to get another 6 months.
>
> I've personally left the US after about 5 months, gone to Europe for 3
> days, then got another 6 months when I went back to the US (which I
> didn't need, the guy just stamped it for 6 months without asking how
> long I needed). However if I had gone to Mexico, for example, this may
> not have happened.
>
> Good luck.
>
> --
> Posted viahttp://britishexpats.com- Hide quoted text -
>
> - Show quoted text -

Thanks a lot for the personal experience. All the replies seem to
suggest it will not work. That helps a lot, thanks everyone.

Regards,
Jesse

J. J. Farrell

On Aug 23, 5:29 am, augigi <[email protected]> wrote:
> > Hello,
>
> > Can someone please comment on the following situation?
>
> > Multiple entry B1/B2 visa, valid until March 2008. Entered the US in
> > May 2007. I-94 will expire in November 2007. Plan to take a trip to
> > the Bahamas in November 2007 before I-94 expires, hoping to receive a
> > new I-94 valid until May 2008.
>
> > Is that possible? Will there be risk of being denied entry and the
> > port of entry? Could the new I-94 be shorter than 6 month?
>
> > Thank you for your comments.
>
> > Regards,
> > Jesse
>
> Sounds like you already know the answer. Yes, your entry to the US is
> always dependent on the officer at the point of entry. This is
> particularly risky if you are only out of the US for a short period of
> time in between US stays.
>
> Yes, they can give you less time than 6 months, depending on what you
> tell them you are going there for.

That's true, but only in exceptional circumstances. B-2 applicants are
admitted for a minimum of 6 months and a maximum of 12 months, except
when a shorter period is approved by a District Director who must have
good cause for doing so. There are also exceptions if the passport is
close to expiry, but I dont know the details of these.

> You may have to provide evidence that you are not trying to live in the
> US - because it sounds like that is what you are trying to do.

Indeed.

J. J. Farrell

On Aug 23, 4:39 pm, Noorah101 <[email protected]>
wrote:
> > On Aug 23, 12:29 am, augigi <[email protected]>
> > wrote:
> > > > Can someone please comment on the following situation?
>
> > > > Multiple entry B1/B2 visa, valid until March 2008. Entered the US
> > > > in
> > > > May 2007. I-94 will expire in November 2007. Plan to take a trip
> > > > to
> > > > the Bahamas in November 2007 before I-94 expires, hoping to
> > > > receive a
> > > > new I-94 valid until May 2008.
>
> > > > Is that possible? Will there be risk of being denied entry and the
> > > > port of entry? Could the new I-94 be shorter than 6 month?
>
> > > Sounds like you already know the answer. Yes, your entry to the US
> > > is
> > > always dependent on the officer at the point of entry. This is
> > > particularly risky if you are only out of the US for a short period
> > > of
> > > time in between US stays.
>
> > > Yes, they can give you less time than 6 months, depending on what
> > > you
> > > tell them you are going there for.
>
> > > You may have to provide evidence that you are not trying to live in
> > > the
> > > US - because it sounds like that is what you are trying to do.
>
> > Obviously, the purpose is to legally stay in the US longer. Hopefully
> > the immigration officer would not punish people who want to play by
> > the rules.
>
> > In theory there is always a risk of being denied entry, but is it also
> > true in practice? I can imagine many people coming to the US for
> > vacation and wanted to spend a few days in the Bahamas or Mexico or
> > Canada and return to the US to finish the vacation. Is there actually
> > a risk of being stuck at the border?
>
> It's true in practice. Yes, many people visiting the USA might hop over
> to Mexico for a few days during their vacation...but what happens is,
> they do it in the middle of their 6-month stay in USA. When they are
> re-admitted to the USA, it's for the remainder of the 6 month time
> frame. You're trying to do this and get a NEW 6-month stay. If you
> want to hop somewhere else for a while, don't leave it so close to the
> end of your I-94 validity. That way, when you are let in the USA again,
> you still have time to catch your flight out as planned. If you leave
> it to the last minute, you might be too late.

He's talking about the Bahamas with a B-2, so the 30-day rule doesn't
apply. His only option is to apply for a new admission when he
returns, and there is significant risk of being refused so soon after
a previous long stay. If he's admitted again, it will be for 6 months.

J. J. Farrell

On Aug 23, 6:19 pm, [email protected] wrote:
> On Aug 23, 11:39 am, Noorah101 <[email protected]>
> wrote:
> > > On Aug 23, 12:29 am, augigi <[email protected]>
> > > wrote:
> > > > > Can someone please comment on the following situation?
>
> > > > > Multiple entry B1/B2 visa, valid until March 2008. Entered the US
> > > > > in
> > > > > May 2007. I-94 will expire in November 2007. Plan to take a trip
> > > > > to
> > > > > the Bahamas in November 2007 before I-94 expires, hoping to
> > > > > receive a
> > > > > new I-94 valid until May 2008.
>
> > > > > Is that possible? Will there be risk of being denied entry and the
> > > > > port of entry? Could the new I-94 be shorter than 6 month?
>
> > > > Sounds like you already know the answer. Yes, your entry to the US
> > > > is
> > > > always dependent on the officer at the point of entry. This is
> > > > particularly risky if you are only out of the US for a short period
> > > > of
> > > > time in between US stays.
>
> > > > Yes, they can give you less time than 6 months, depending on what
> > > > you
> > > > tell them you are going there for.
>
> > > > You may have to provide evidence that you are not trying to live in
> > > > the
> > > > US - because it sounds like that is what you are trying to do.
>
> > > Obviously, the purpose is to legally stay in the US longer. Hopefully
> > > the immigration officer would not punish people who want to play by
> > > the rules.
>
> > > In theory there is always a risk of being denied entry, but is it also
> > > true in practice? I can imagine many people coming to the US for
> > > vacation and wanted to spend a few days in the Bahamas or Mexico or
> > > Canada and return to the US to finish the vacation. Is there actually
> > > a risk of being stuck at the border?
>
> > It's true in practice. Yes, many people visiting the USA might hop over
> > to Mexico for a few days during their vacation...but what happens is,
> > they do it in the middle of their 6-month stay in USA. When they are
> > re-admitted to the USA, it's for the remainder of the 6 month time
> > frame. You're trying to do this and get a NEW 6-month stay. If you
> > want to hop somewhere else for a while, don't leave it so close to the
> > end of your I-94 validity. That way, when you are let in the USA again,
> > you still have time to catch your flight out as planned. If you leave
> > it to the last minute, you might be too late.
>
> > Rene
>
> Thanks for all the replays, they are very helpful.
> If I understand correctly, going to the Bahamas in August or early
> September (middle of the original 6 month term) would be safe (any
> risk still?).

Not safe, safer. The shorter your previous stay, and the longer the
time you've spent out of the USA compared to the time last spent in
the USA, the more likely you are to be admitted again.

> However, the new I-94 will only valid until November
> (the original date). Is that correct? Any chance the new I-94 will be
> for 6 month?

It should be for 6 months.

Chengen Geo

On Aug 24, 1:55 pm, "J. J. Farrell" <[email protected]> wrote:
> On Aug 23, 6:19 pm, [email protected] wrote:
>
>
>
>
>
> > On Aug 23, 11:39 am, Noorah101 <[email protected]>
> > wrote:
> > > > On Aug 23, 12:29 am, augigi <[email protected]>
> > > > wrote:
> > > > > > Can someone please comment on the following situation?
>
> > > > > > Multiple entry B1/B2 visa, valid until March 2008. Entered the US
> > > > > > in
> > > > > > May 2007. I-94 will expire in November 2007. Plan to take a trip
> > > > > > to
> > > > > > the Bahamas in November 2007 before I-94 expires, hoping to
> > > > > > receive a
> > > > > > new I-94 valid until May 2008.
>
> > > > > > Is that possible? Will there be risk of being denied entry and the
> > > > > > port of entry? Could the new I-94 be shorter than 6 month?
>
> > > > > Sounds like you already know the answer. Yes, your entry to the US
> > > > > is
> > > > > always dependent on the officer at the point of entry. This is
> > > > > particularly risky if you are only out of the US for a short period
> > > > > of
> > > > > time in between US stays.
>
> > > > > Yes, they can give you less time than 6 months, depending on what
> > > > > you
> > > > > tell them you are going there for.
>
> > > > > You may have to provide evidence that you are not trying to live in
> > > > > the
> > > > > US - because it sounds like that is what you are trying to do.
>
> > > > Obviously, the purpose is to legally stay in the US longer. Hopefully
> > > > the immigration officer would not punish people who want to play by
> > > > the rules.
>
> > > > In theory there is always a risk of being denied entry, but is it also
> > > > true in practice? I can imagine many people coming to the US for
> > > > vacation and wanted to spend a few days in the Bahamas or Mexico or
> > > > Canada and return to the US to finish the vacation. Is there actually
> > > > a risk of being stuck at the border?
>
> > > It's true in practice. Yes, many people visiting the USA might hop over
> > > to Mexico for a few days during their vacation...but what happens is,
> > > they do it in the middle of their 6-month stay in USA. When they are
> > > re-admitted to the USA, it's for the remainder of the 6 month time
> > > frame. You're trying to do this and get a NEW 6-month stay. If you
> > > want to hop somewhere else for a while, don't leave it so close to the
> > > end of your I-94 validity. That way, when you are let in the USA again,
> > > you still have time to catch your flight out as planned. If you leave
> > > it to the last minute, you might be too late.
>
> > > Rene
>
> > Thanks for all the replays, they are very helpful.
> > If I understand correctly, going to the Bahamas in August or early
> > September (middle of the original 6 month term) would be safe (any
> > risk still?).
>
> Not safe, safer. The shorter your previous stay, and the longer the
> time you've spent out of the USA compared to the time last spent in
> the USA, the more likely you are to be admitted again.
>
> > However, the new I-94 will only valid until November
> > (the original date). Is that correct? Any chance the new I-94 will be
> > for 6 month?
>
> It should be for 6 months.- Hide quoted text -
>
> - Show quoted text -

Hello, J.J. Farrel,

Thank you for your answers. So, if a person is coming to the US on B-2
and wanted to go to the Bahamas for a few days, he should do it as
early as possible during his entire stay (technically 2 separate
stays) in the US? If he plans the trip at the end of his US stay, he
risk being deined entry?
Does the officer ask you how long you have stayed last time and when
at the custom? I have never been asked or heard anyone else being
asked. Perhaps they know it from the computer?

Regards,
Jesse

J. J. Farrell

On Aug 24, 8:28 pm, [email protected] wrote:
> On Aug 24, 1:55 pm, "J. J. Farrell" <[email protected]> wrote:
> > On Aug 23, 6:19 pm, [email protected] wrote:
> > > On Aug 23, 11:39 am, Noorah101 <[email protected]>
> > > wrote:
> > > > > On Aug 23, 12:29 am, augigi <[email protected]>
> > > > > wrote:
> > > > > > > Can someone please comment on the following situation?
>
> > > > > > > Multiple entry B1/B2 visa, valid until March 2008. Entered the US
> > > > > > > in
> > > > > > > May 2007. I-94 will expire in November 2007. Plan to take a trip
> > > > > > > to
> > > > > > > the Bahamas in November 2007 before I-94 expires, hoping to
> > > > > > > receive a
> > > > > > > new I-94 valid until May 2008.
>
> > > > > > > Is that possible? Will there be risk of being denied entry and the
> > > > > > > port of entry? Could the new I-94 be shorter than 6 month?
>
> > > > > > Sounds like you already know the answer. Yes, your entry to the US
> > > > > > is
> > > > > > always dependent on the officer at the point of entry. This is
> > > > > > particularly risky if you are only out of the US for a short period
> > > > > > of
> > > > > > time in between US stays.
>
> > > > > > Yes, they can give you less time than 6 months, depending on what
> > > > > > you
> > > > > > tell them you are going there for.
>
> > > > > > You may have to provide evidence that you are not trying to live in
> > > > > > the
> > > > > > US - because it sounds like that is what you are trying to do.
>
> > > > > Obviously, the purpose is to legally stay in the US longer. Hopefully
> > > > > the immigration officer would not punish people who want to play by
> > > > > the rules.
>
> > > > > In theory there is always a risk of being denied entry, but is it also
> > > > > true in practice? I can imagine many people coming to the US for
> > > > > vacation and wanted to spend a few days in the Bahamas or Mexico or
> > > > > Canada and return to the US to finish the vacation. Is there actually
> > > > > a risk of being stuck at the border?
>
> > > > It's true in practice. Yes, many people visiting the USA might hop over
> > > > to Mexico for a few days during their vacation...but what happens is,
> > > > they do it in the middle of their 6-month stay in USA. When they are
> > > > re-admitted to the USA, it's for the remainder of the 6 month time
> > > > frame. You're trying to do this and get a NEW 6-month stay. If you
> > > > want to hop somewhere else for a while, don't leave it so close to the
> > > > end of your I-94 validity. That way, when you are let in the USA again,
> > > > you still have time to catch your flight out as planned. If you leave
> > > > it to the last minute, you might be too late.
>
> > > > Rene
>
> > > Thanks for all the replays, they are very helpful.
> > > If I understand correctly, going to the Bahamas in August or early
> > > September (middle of the original 6 month term) would be safe (any
> > > risk still?).
>
> > Not safe, safer. The shorter your previous stay, and the longer the
> > time you've spent out of the USA compared to the time last spent in
> > the USA, the more likely you are to be admitted again.
>
> > > However, the new I-94 will only valid until November
> > > (the original date). Is that correct? Any chance the new I-94 will be
> > > for 6 month?
>
> > It should be for 6 months.
>
> Hello, J.J. Farrel,
>
> Thank you for your answers. So, if a person is coming to the US on B-2
> and wanted to go to the Bahamas for a few days, he should do it as
> early as possible during his entire stay (technically 2 separate
> stays) in the US? If he plans the trip at the end of his US stay, he
> risk being deined entry?

The longer you were in the USA recently, the less likely you are to be
admitted again. If you enter the USA andspend a couple of weeks there,
leave for a couple of weeks, then try to go back, you are far more
likely to be admitted again than if you spend 6 months there, leave
for a couple of week, then try to go back.

> Does the officer ask you how long you have stayed last time and when
> at the custom? I have never been asked or heard anyone else being
> asked. Perhaps they know it from the computer?

Assume they have all that information. Sometimes they'll ask even if
they already know anyway - they're asking as a way of checking your
honesty.