can i go to australia and return in a few days turn around?

[rosedog36]

Hi, I have a B2 tourist visa.
I am an Australian citizen.
My brother holds a green card.
I am 23 year old male.
I overstayed in 2008 by 114 days, since then i have come and gone multiple times on a B2 visa.

I came to USA on the 18th of Feb 2013, and was granted an i 94 expiring on the 18th of August 2013. Throughout this period i went on a road trip up to Alaska, going in and out of the borders with Canada numerous time. I didn't have too many issues apart from 1 border lady rudely accusing me of working in US. (which is ludicris because Aus has triple the wages). On the 9th of July, i flew to Panama for a few days, just a little holiday... and return through Houston airport on the night of the 12th of July.

There i was sent to secondary inspection, waited for 3 hours in the silent room before being accused, disrespected and grilled by 2 immigration guys. Eventually i was given 2 weeks to get out of the US. So he stamped my passport and wrote under it 26th July 2013. (I did not have any documents to back up what i was saying at that time. eg: bank statements, onwards flight etc, as i didnt need them in the past, but i admit that was naive of me).

The issue is: my mother is visiting the US on the 24th of July till the 14th of August. It is her first overseas trip, so i need/would like to help her and show her around.

My question: what is my best course of action to be here whilst she is here?

I am leaning toward going back to Aus on say the 21st, and returning to the US in a couple of days (with as many documents as i can think of: bank statements (i have 30k), shares statements, proof of staff travel, a booked return ticket, a letter stating my personality from my brother's American wife)

The original i 94 i still in my passport with August 18 on it, but i have that stamp for July 26th on a different page.

What is best??

Hope you understand my predicament and can be of assistance, i appreciate you reading. Cheers, Sean

 

[Mombasa_guy]

I think your not having an onward flight flagged you for secondary. Plus your numerous trips in and out. The lady who accused you of working here too must have put a note in your visa file that you are a "person of interest" who should be monitored closely upon POE inspection. Why do you move around so much with so little documentation? That was indeed naive. CBP loves someone with a job and a home to go back to. They are suspicious of anyone who does not fit that profile even if they are a rich idle millionaire, which does not make sense because most with a boring little job will never become millionaires! UK border control is even worse! Sorry I could not help but your story was interesting so had to comment.

Kerala Guy

 

[CalGreenCard]

The original i 94 i still in my passport with August 18 on it, but i have that stamp for July 26th on a different page.

This is a very unusual situation--one that in many years of following these boards I've never seen before. Specifically I've never before heard of them stamping the passport with a shorter period of stay than the I-94. Usually in such a situation they would lift the I-94 and give you a new I-94 with the earlier date matching the new passport stamp.

Personally I think if you still have your I-94 and they let you keep your I-94--meaning that the I-94 was available to them when you were in secondary to lift if they'd chosen to do so--then you can still rely on that I-94 and stay until Aug 18--and they are just blowing smoke with the other stamp in the passport. But I'd like to hear the opinion of the visa gurus on here on that.

However I will also say that, based on one thing you said, I can see why a red flag was raised. Namely your comment about "showing your mother around". Shouldn't that be your brother's job? He lives here. You don't.

 

[CalGreenCard]

I think your not having an onward flight flagged you for secondary. Plus your numerous trips in and out.

Also the fact that an Aussie is travelling on a B2 visa--rather than VWP--at all would raise a red flag because it draws attention to the previous overstay.