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Thread: Entering in the US on a B2 visa for the second time

      
  1. #1

    Entering in the US on a B2 visa for the second time

    I'm writing on this forum because I need more information about entering in the US as a tourist on a B2 visa for the second time. I couldn't find any information on official website (embassy/consulate), so I hope somebody can help me.
    That's my situation:

    I have a B1/B2 visa on my passport valid for 10 years (multiple entries). Since 2007 I used to vacation in Florida for 1-2 months (each year) without a visa (Visa Waiver Program, I'm from Italy). My first time in the US was because I took an English class (part time) to improve my English, and then I loved so much South Florida that I keep coming back. I don't have any relativies, but just a couple of friends.
    Last years I applied for the visitor visa because I decided to spend more time in Miami Beach, FL (of course no more than 6 months). Since I'm working in my family small company in Italy, I don't have any probems to take some months off work every year. Last year I stayed in the US for 5 months (from October 2011 to March 2012). This year I'd like to do that again, meaning come back to South Beach for 5 months on vacations (from Oct/Nov to Mar/Apr).
    My questions:
    - Can I do that again? I mean, can I go back to Miami for 5 months even if I already stayed 5 months last year?
    - Can I use my B2 visa that I already have on my passport? I mean, I don't need to go to the consulate and apply again for the same visa... Am I right?

    - Do I need to bring some documents when I will be at the airport or all I need is my passport with my B2 visa on it? I'm asking this questions because when I applied for the visa I had to bring and show some documents (bank statement, employer's letter, proof of my home residence country (Italy)...); however when last year I enter in the US (I used for the first time the B2 visa) at the airport the officer asked me some questions (what's your job, where you will stay in Miami, why are you here, do you have some friend here, and so on), but all I needed is my passport with my visa on it (I didn't bring and show any documents, just my passport).
    Now, I already have the visa on my passport and I'm going to use it for the second time, do you think that I have to bring and show at the officer those documents update when I will enter in the US? Or all I need is only my passport?

    
Thank you very much for your reply.

  2. #2
    Your visa is valid for 10 years, so you can use it until it expires. You don't need a new one unless you break the conditions of the visa (like overstay, or work). You're allowed to stay for 6 months in a 1 year period, but of course, repeated stays of the entire or close to the entire 6 months might raise suspicions. At this point, I don't think your return for another 5 months would cause a problem, but to be safe, you should bring documents to explain how you will support yourself, how you get so much time off, what you intend to do, etc. They probably won't ask for the information, but you should be prepared all the same. However, I am just a cautious traveller, so others might think I am being paranoid.
    *** El Cafe ***

    N400 - NYC (Brooklyn)
    March 12 2010: Sent
    April 7 2010: FP done- walk-in
    August 3 2010: ID decision not made
    December 12 2010: Lawsuit filed under 8 USC 1447(b)
    March 31 2011: 31 Oath date
    April 1 2011: Passport applied, picked up!

  3. #3
    Join Date
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    Location
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    Keep this in mind. No genuine visitor should spend more than 6 months in the US during any rolling 12 month window. Stick to this and you will most likely not run into problems. Ofcourse there are no guarantees.


    Quote Originally Posted by stefiwoods View Post
    Can I do that again? I mean, can I go back to Miami for 5 months even if I already stayed 5 months last year?
    Regards,
    S K Ghori
    skg@vex.net
    http://www.vex.net/~skg/

    **NOTE**
    I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

    **DISCLAIMER**
    I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

  4. #4
    Thank you for your advice.

    Two more questions:

    1. If I understand well, if in the future I would like to stay in the US for a few months, it's always better to bring documents with me to show at the airport (in the case of the officer ask for them). Otherwise, if I will stay in the US for a short time (for example 2/3 weeks), I don't need them. Is that right?

    2. What kind of documents do you think I need? Do you think that a letter of employer statement that I will return to work in 5 months, and a letter of my bank statement that I have money on my account to support myself during my time in the US, would be enough?
    When I applied for the visa, I also showed a certificate of residence and another document that show that I own an house; but there are in Italian, they doesn't exsit in English. Do you think I have to bring also them?

    Thanks again.

  5. #5
    1. I would advise you to carry the documents no matter how long you intend to stay in the US.
    2. A letter from your employer and a bank statement are very useful for such purposes. You can bring copies of your Italian documents too. You probably won't need them (you might not need ANY of these documents), but the more ties to Italy you have, the better. Again, I am extra careful as a person in these situations, so my advice is that it is better to err on the safe side.

    Essentially, you sound like a genuine visitor, and if you really are one, then your explanation and documents will support this.
    *** El Cafe ***

    N400 - NYC (Brooklyn)
    March 12 2010: Sent
    April 7 2010: FP done- walk-in
    August 3 2010: ID decision not made
    December 12 2010: Lawsuit filed under 8 USC 1447(b)
    March 31 2011: 31 Oath date
    April 1 2011: Passport applied, picked up!

  6. #6
    Thank you for your reply.
    You confermed my thoughts. I asked for advice because one of my friend told me that probably I can't go again in Miami because I was already there for 5 months. All is more clear now.
    Thanks again,

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