b2 calendar 6 month rule

Abacus1

New Member
can someone explain what the callendar 6 month rule / direction to officers.
I came back from the UK via chicago and I travel on an e2 and my partner on a b2. No problems with my e2 but the officer informed me that my partner would be only permitted in the USA for 6 calendar months in 2005. I saw a post from rocky7 that this was the instruction as well. thanks

The officer was exceptionally pleasant and understanding but said that was the position.
 
Simple rule

People visit where they go to a place for a few weeks and spend a small minority of their time during the year.They permanently reside where they spend the majority of their time. The rule of thumb used by the service to determine where someone probably resides is where they spend the majority of their time, or more than 180 days, in any one year period. Someone may be on the US in a tourist visa, but if they are here 5 months, go home 2 weeks, come back for 6 months, then that is articulable reason to pull them aside and question them further as to the possibility that they reside in the United States. By the same token, if a greencard holder is outside the US for mroe than 6 months it is a good reason to pull them aside and question them further about whether they still meet the requirements of the card and reside primarily in the US. With the tourist visitor, if this travel pattern of spending more than 6 mo per year here exists for 2 years or more it is enough to deem them an intending illegal immigrant and then place the burden of proof on them to refute the notion by demonstrating ties and
obligations back in their home country. The officer was telling you if yor partner is in the US for more than 6 months this year they will will probably run into trouble because it will start to look like they live here.
 
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