Time allowed as a tourist

[rac717 7]

I really haven't found any clear cut answer and I know it's always at DHS discretion but any idea if generally the 6 months allowed under the tourist visa is per calendar year? Or per 365 days?

We were married/lived in Argentina, filed our visa application in August and and flew to the US early Oct. We had no problems entering (I'm USC, our kids are dual and he actually has dual with Argentina/Belgium). He has a long history of entering/leaving and valid tourist visa and they never ask more than basic questions. They allowed him 6 months but he'll be going back to Argentina end of December (less than 3 month stay). He has business things to take care of back in Arg. Right now our plan is he will come back mid/third week of January and stay again here for a few months. We're hoping timing works out at that point that by the time he goes back, he'll be close to interview date for the embassy assuming all goes well.

But if worst case happens and interview is delayed, I'm just trying to sort out if he'll have used up his 6 months (since it will be within 365 days) or if he'll be able to come back again.

[Unlockable 7,314]

Every entry resets the clock. It is up to the POE officer how much time he is given. If he comes back in January he could be given another 6 months or only two weeks.

[rac717 7]

Ahhhh..interesting. I thought it was max 6 months total but you're saying each time could be 6 months if the POE officer was so inclined. That makes me feel far more hopeful!

We are back and forth a lot for the horses and winter/spring is prime time for him to be here for showing so it's totally normal that he'll be in and out while the visa is being processed. Fingers crossed the timing works and we don't have to even stress but good to know there are options! Thank you!

[Unlockable 7,314]

The total amount of time in the US in a period of 365 (NOT calendar year) is monitored and if an immigrant is using a visitor visa for staying in the US their visa can be revoked.

For instance, if an immigrant comes for 6 months then leaves for a week then returns to stay for another 6 months it is considered living in the US. The rule of thumb is to stay out of the US as much time as you were in. If you were in the US for 6 months then try not to return until 6 months afterwards.

But again, all of this is if the border officer even gives the immigrant 6 months to stay.

Hope this clears it all up.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Tourist Visas forum.

[KierenHby 899]

I really haven't found any clear cut answer and I know it's always at DHS discretion but any idea if generally the 6 months allowed under the tourist visa is per calendar year? Or per 365 days?

We were married/lived in Argentina, filed our visa application in August and and flew to the US early Oct. We had no problems entering (I'm USC, our kids are dual and he actually has dual with Argentina/Belgium). He has a long history of entering/leaving and valid tourist visa and they never ask more than basic questions. They allowed him 6 months but he'll be going back to Argentina end of December (less than 3 month stay). He has business things to take care of back in Arg. Right now our plan is he will come back mid/third week of January and stay again here for a few months. We're hoping timing works out at that point that by the time he goes back, he'll be close to interview date for the embassy assuming all goes well.

But if worst case happens and interview is delayed, I'm just trying to sort out if he'll have used up his 6 months (since it will be within 365 days) or if he'll be able to come back again.

It's not 6 months; stays are 180 days by default, unless CBP decides on a different length of stay. CBP may chose to remind him visitor visas are for short temporary visits.

[az2014 381]

If he is staying for 3 months in the US, then he should spend at least 3 months out before trying to enter again, especially if it will be for another 3 months.

He can try to enter sooner whenever he wants, even the next day, but will have a higher chance of refusal if its so soon as it will look like he has no ties to his home country and is living in the US.