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.
Edward M. in Colorado
Girlfriend in Indonesia
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 her 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
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