Tourist Visa - Are frequent trips to US permitted?

[socaldude 11]

Hi all,

I have a valid 10-year B1/B2 visa and have very close relatives in the United States that I would like visit on a frequent basis.

 

By frequent basis I'm referring to every 3 months - staying for 3 months - going back overseas - then returning after 3 months to stay for another 3 months.

 

Full disclosure/transparency - I have aging/elderly family members in the U.S. that I want to visit often and also help out my younger relatives looking after elderly folks, hence the reason for frequent visits.

I don't intend to stay for full 6-months to raise any concerns with Immigration about abusing a visitor visa. Therefore, I'd like to know realistically can I aim to stay 3-months, have a 3-months gap overseas, then return for another 3-months to the U.S.

I think explanation is very clear, but just be safe, let me further illustrate with an example below:

January to March (visit my relatives in the U.S. on visitor visa 3-months stay)
April to June (go back and stay overseas which is my primary residence, since I am not a U.S. citizen or resident)
July to September (visit my relatives again in the U.S. on same visitor visa for 3-months stay)
October to December (go back and stay overseas)
Repeat the same following year

Lastly, I am happy overseas and have no intention to immigrate to the United States, but just trying to be practical to view the situation from the "lens" of U.S. Customs/Immigration - will the frequent quarterly visits appear to them as if I'm trying to live in the United States on a tourist visa?

Thank you in advance and I appreciate any replies to my questions.

[Crazy Cat 41,814]

You are playing with fire, imo.  There is no specific, official rule.  If any CBP officer just thinks you are visiting too frequently, they can remove you, cancel your visa, and give you a 5 year ban.  You might not even get a warning.    I would scale down the visits.  A visitor does not live in the US half the time every year.  

Edited May 8, 2023 by Crazy Cat

[Daphne . 1,852]

This travel pattern might raise suspicion with CBP eventually. How can you be away from work for that long and afford this without reveiving income for many months per year? You know you’re not allowed to work (even for a remote employer), correct? 

[Dashinka 24,480]

I agree, this could raise some red flags with CBP after the first few visits.  B2's are a privilege, many folks have almost no chance of obtaining one, don't abuse it.

[Rocio0010 5,579]

Don't play with fire. With your plans, it's almost guaranteed that they will not let you in after the second or third visit. The unspoken rule says it's advisable to spend twice the time outside of the US than your visit before coming back. 

 

In addition, it seems that you are coming to work, as per: 

58 minutes ago, socaldude said:

help out my younger relatives looking after elderly folks, hence the reason for frequent visits.

That can be easily construed as work, even though you don't receive financial compensation. Just don't do it.

[powerpuff 6,685]

1 hour ago, socaldude said:

Therefore, I'd like to know realistically can I aim to stay 3-months, have a 3-months gap overseas, then return for another 3-months to the U.S.

That is not realistic. Just because you’re not staying for full consecutive 6 months, doesn’t mean this proposed plan will not raise eyebrows.

 

1 hour ago, socaldude said:

Customs/Immigration - will the frequent quarterly visits appear to them as if I'm trying to live in the United States on a tourist visa?

Yes. You’re spending 6 months out of a year every year with your pattern of travel. How is that visiting for tourist purposes? 

[Redro 4,611]

1 hour ago, socaldude said:

Hi all,

I have a valid 10-year B1/B2 visa and have very close relatives in the United States that I would like visit on a frequent basis.

 

By frequent basis I'm referring to every 3 months - staying for 3 months - going back overseas - then returning after 3 months to stay for another 3 months.

 

Full disclosure/transparency - I have aging/elderly family members in the U.S. that I want to visit often and also help out my younger relatives looking after elderly folks, hence the reason for frequent visits.

I don't intend to stay for full 6-months to raise any concerns with Immigration about abusing a visitor visa. Therefore, I'd like to know realistically can I aim to stay 3-months, have a 3-months gap overseas, then return for another 3-months to the U.S.

I think explanation is very clear, but just be safe, let me further illustrate with an example below:

January to March (visit my relatives in the U.S. on visitor visa 3-months stay)
April to June (go back and stay overseas which is my primary residence, since I am not a U.S. citizen or resident)
July to September (visit my relatives again in the U.S. on same visitor visa for 3-months stay)
October to December (go back and stay overseas)
Repeat the same following year

Lastly, I am happy overseas and have no intention to immigrate to the United States, but just trying to be practical to view the situation from the "lens" of U.S. Customs/Immigration - will the frequent quarterly visits appear to them as if I'm trying to live in the United States on a tourist visa?

Thank you in advance and I appreciate any replies to my questions.

How would you be supporting yourself during this time and how many years are you planning this pattern?

When you interviewed for your B1/B2, what did you tell the CO? You must have stronger ties to your home country than the US if you received the B1/B2. Do those ties still exist? 

If you are able to WFH remember you are not supposed to work in the US even if you are working for a company that has no connection to the US. 

As @Rocio0010 suggested, many people believe if you are blessed with great vacation time you make sure to leave the US and stay out double the length of time you were in.... so, if you are planning on visiting for 3 months- you should stay outside the country for at least 6 months... Although, I am fairly conservative and I would stay out for at least 9 months... This way I would be visiting the US at the same time every year... showing CBP that I take my annual vacation at the same time every year... 

If visiting so infrequently does not sound desirable to you... it sounds like you would prefer to live in the US. Your family should then sponsor you for an immigrant visa...  

Edited May 8, 2023 by Redro

[Rocio0010 5,579]

2 minutes ago, Redro said:

If you are able to WFH remember you are not supposed to work in the US even if you are working for a company that has no connection to the US. 

Great point.

[SteveInBostonI130 3,432]

1 hour ago, socaldude said:

 example below:

January to March (visit my relatives in the U.S. on visitor visa 3-months stay)
April to June (go back and stay overseas which is my primary residence, since I am not a U.S. citizen or resident)
July to September (visit my relatives again in the U.S. on same visitor visa for 3-months stay)
October to December (go back and stay overseas)
Repeat the same following year

 

Your first visit they'll ask your purpose and duration of stay.  They may question why or how can you stay away from your home for 3 months, or they just might rubber stamp your passport.

 

Second visit there's at least 50/50 chance they will question why you have stayed

so long on your previous visit and returned so quickly.  They may ask if you are working while in the US.

 

Third visit there is a good chance you are taken to secondary and grilled about your intentions and if you will or have worked while in the US.  They may offer you to voluntarily revoke your application for entry and send you back on the next flight.  Or they may revoke your visa and remove you which will apply a ban.

 

Fourth and subsequent attempts will have a greater chance of CBP revoking your visa and applying a ban.

 

At max, 4 months visit and 8 months away would reduce the chance of CBP questioning your travel pattern.

 

Also, and this may be a sign of my age, but travelling every three months, especially internationally and having to deal with customs, seems physically draining to me. 

Edited May 8, 2023 by SteveInBostonI130

[Sammy_2496 116]

Your travel plans will raise suspicions with CBP… so i would for sure prepare for you to be denied entry on one of these trips. It is not worth the risk at all, especially if it’s to see family. Develop a more normal and less suspicious travel plan.

[socaldude 11]

Hi everyone,

Topic author here - Just want to say a BIG Thank You to each and everyone of you who responded with some very great and valid points.

Okay sounds good, then I will deviate from this plan as I truly have good intentions but I can certainly put myself into CBP shoes and see it from their angle that this plan may appear suspicious.

I certainly want to the right thing and be a law-abiding person, so I'll just have to make less frequent trips.

Thanks again, great discussion, much appreciated 😇

[SalishSea 17,803]

6 hours ago, socaldude said:

Hi all,

I have a valid 10-year B1/B2 visa and have very close relatives in the United States that I would like visit on a frequent basis.

 

By frequent basis I'm referring to every 3 months - staying for 3 months - going back overseas - then returning after 3 months to stay for another 3 months.

 

Full disclosure/transparency - I have aging/elderly family members in the U.S. that I want to visit often and also help out my younger relatives looking after elderly folks, hence the reason for frequent visits.

I don't intend to stay for full 6-months to raise any concerns with Immigration about abusing a visitor visa. Therefore, I'd like to know realistically can I aim to stay 3-months, have a 3-months gap overseas, then return for another 3-months to the U.S.

I think explanation is very clear, but just be safe, let me further illustrate with an example below:

January to March (visit my relatives in the U.S. on visitor visa 3-months stay)
April to June (go back and stay overseas which is my primary residence, since I am not a U.S. citizen or resident)
July to September (visit my relatives again in the U.S. on same visitor visa for 3-months stay)
October to December (go back and stay overseas)
Repeat the same following year

Lastly, I am happy overseas and have no intention to immigrate to the United States, but just trying to be practical to view the situation from the "lens" of U.S. Customs/Immigration - will the frequent quarterly visits appear to them as if I'm trying to live in the United States on a tourist visa?

Thank you in advance and I appreciate any replies to my questions.

Looks like you intend to use a visitor visa to live in the US part-time.  That won't fly.  It might work for the first couple of admissions, but after that you may get hauled to secondary and a stern warning.  You risk losing your visa.

 

[flicks1998 1,044]

4 hours ago, socaldude said:

Hi everyone,

Topic author here - Just want to say a BIG Thank You to each and everyone of you who responded with some very great and valid points.

Okay sounds good, then I will deviate from this plan as I truly have good intentions but I can certainly put myself into CBP shoes and see it from their angle that this plan may appear suspicious.

I certainly want to the right thing and be a law-abiding person, so I'll just have to make less frequent trips.

Thanks again, great discussion, much appreciated 😇

I dont know which country you come from, but I have quite a few friends who are EU citizens, all retired before 35, and did make frequent trips into the US, similar to what you proposed and they did it for a few years without issues, although they had documentation of their financial status.  In general, what people are saying in this thread is correct, however for some reason, Americans have some pre-conceived notion that people are suppose to work their entire lives and anyone who doesnt, must have something wrong with them.  

 

If your financial situation is strong, and you can prove this if asked, I dont see you having a problem.  If your financial situation is more normal, then I would agree with the other posts in this thread.  In the past I have had extensive conversations with US Commercial service officers as well as Consular officers and even they will say, if you have the money, they dont really care too much how long your in the US, as long as youre spending money.  Ive had this repeated to me throughout the years in various US Embassies in multiple countries.  I dont know your situation, but I can tell you with 100% certainty, there are double standards. 

[Rocio0010 5,579]

Wait..

what happened to your CR1?

 

[socaldude 11]

1 minute ago, Rocio0010 said:

Wait..

what happened to your CR1?

 

Great question - I was formally a US resident but was not able to maintain it and due to family/personal reasons relocated overseas where I am permanently based and originally from anyways. I enjoyed living the U.S. previously but equally happy where I am overseas, so I'll continue visiting within the recommended parameters. If my situation changes and I intend to re-immigrate in the future, I have no issues going about it the correct way.

But I have very close family members Stateside, hence the need to want to visit them regularly. Believe me when I say that I have absolutely no intention of immigrating to the United States at this moment and the frequent visits on a tourist visa, is not my plan of living in the U.S. "part-time" - although for what it's worth I hope readers can appreciate the fact that I'm able to respect the rules and view this from the angle of CBP therefore do not intend to abuse that right.

Thanks again everyone - gotta love a good conversation with constructive feedback - You guys are awesome, thanks for sharing your viewpoints.