Likelihood of reentry? 5 Months in US last year, wan tot return in May for 1 Month

[jamontoast 0]

Last year i spent 4 months in the US, then spent 3 weeks in mexico/cuba before returning for another 21 days. Total of 144 Days (Just under 5 months) in the USA. I'm hoping to back for my girlfriends graduation in the middle of May for less than a month before we both leave the USA to travel. i have a 10 year B1/B2 Visa, but a TSA agent that inspected my bag as i returned from Cuba sounded pretty convinced i wouldn't be allowed back in the country. I will have stayed less than the rough guide of 6 months out of every year so will proof of onward travel be enough? Does anyone have any experience or advice?

[Mike-eeh and Odie 193]

It's always good to spend as much time out of the usa as you are in the usa.

[jamontoast 0]

It's always good to spend as much time out of the usa as you are in the usa.

I Left in mid December so will have been out of the country 5 months. 5 months here, 5 months there, 1 months neither. Hopefully that helps.

[NigeriaorBust 4,087]

Did you come on ESTA or a visa ?

[az2014 381]

Did you come on ESTA or a visa ?

OP already stated he has a B1/B2 visa.

OP, did this customs person say within what timeframe he was referring to? Maybe he was suggesting if you were to come back again any time soon.

After a 5 month absence I think you will be fine.

[jamontoast 0]

OP already stated he has a B1/B2 visa.

OP, did this customs person say within what timeframe he was referring to? Maybe he was suggesting if you were to come back again any time soon.

After a 5 month absence I think you will be fine.

I spoke to the customs person on my way in to the US after cuba/mexico which was at the end of november. I told her i planned on returning in May, she said 'nope, they wont let you in, you can't spend half your year here because then you'd be living here, understand? No exceptions.' i didn't have the information/dates on me at the time to figure out my total time there is less than 5 months, so i didn't argue, and maybe she just mis-calculated how long i had already been there? When i asked if there was anyhting i could do she said 'maybe if you leave tomorrow or the day after, they will let you back in because then it will have been 6 months since your first entry so effectively a new year' but theres not much point in that because i'll miss the graduation.

[JFH 12,190]

It's irrelevant what anyone here thinks or has had happen to them if they have been in a similar situation. It's the CBP that have the last word on whether anyone can enter or not.

What kind of work do you do? What ties do you have to the uk? You have to convince the CBP officer that you are not living in the USA in small installments and that you actually live in the UK. Do you have a mortgage here? A job? Financial commitments? But then can still deny anyone. A visa is no guarantee of entry.

Edited January 22, 2016 by JFH

[JFH 12,190]

Just re-read your post and realised that you went to Mexico for a short trip. That was the problem.

If you have a B-2 and you take a trip to Mexico the clock doesn't stop. That time in Mexico is counted within your 6-month stay allowance.

https://help.cbp.gov/app/answers/detail/a_id/751/~/traveling-to-other-countries-while-in-the-u.s.-on-a-b1-or-b2-visa

The same applies to VWP travellers who take hops across to Canada in the hope of re-starting the 90-day clock. It doesn't work like that.

So the CBP officer included your Mexico time. So it wasn't less than 5 months. It was very close to the six.

Edited January 22, 2016 by JFH

[jamontoast 0]

Just re-read your post and realised that you went to Mexico for a short trip. That was the problem.

If you have a B-2 and you take a trip to Mexico the clock doesn't stop. That time in Mexico is counted within your 6-month stay allowance.

https://help.cbp.gov/app/answers/detail/a_id/751/~/traveling-to-other-countries-while-in-the-u.s.-on-a-b1-or-b2-visa

The same applies to VWP travellers who take hops across to Canada in the hope of re-starting the 90-day clock. It doesn't work like that.

So the CBP officer included your Mexico time. So it wasn't less than 5 months. It was very close to the six.

OK, thanks JFH, useful info. It sucks but at least i know and we can plan something else.

[HFM181818 750]

the UK certainly offers an incredible vacation scheme....months and months of paid holiday? Wow. How many Brits have a holiday scheme like that?

[jamontoast 0]

the UK certainly offers an incredible vacation scheme....months and months of paid holiday? Wow. How many Brits have a holiday scheme like that?

Where did you read 'paid holiday'?

[JFH 12,190]

the UK certainly offers an incredible vacation scheme....months and months of paid holiday? Wow. How many Brits have a holiday scheme like that?

It obviously depends on the job.... Or if there is a job....

[Transborderwife 4,666]

Which makes me wonder what cbp would say to one on extended maternity leave who would visit for 6 months or on personal leave.

[JFH 12,190]

Good point. Maternity leave here is a year.

[Transborderwife 4,666]

Good point. Maternity leave here is a year.

Canada too