Returning period to USA after applying for extension
I live in Michigan. My parents traveled to the USA on June 27, 2017 on a visitor's visa. They were to travel back to India on December 6, 2017, but we applied for an extension and got it approved until June 6, 2018. They are returning to India on May 12, 2018. Can they can travel back to the USA before 6 months have passed? I always heard people say the minimum period in between visits should be at least 6 months. Is that true?
Best Answer
Customs and Border Protection (CBP) repeatedly states that there is no set period that visitors must wait between visits. It's not necessary to wait any specific length of time before returning to the US.
However, if your visits are too long and frequent, then CBP may begin to become suspicious that you are trying to live in the US rather than simply visit. You must be able to prove, each time you enter the US to visit, that you intend to leave the US again.
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How long you can stay after applying for visitor visa extension?
If you have filed for an extension before your I-94 expired date and your application is still under review, you may stay in the U.S. for 240 days. You need to have followed and continue following the terms of your status.Can I travel after applying for visa extension?
You may allowed to stay in the US for 240 days after the expiration date on your I-94, provided you have filed for extension of your stay before your I-94 expired and your application is still under review. You can check and check your visa extension case status online using case/receipt number.Can I leave us after filing I-539?
If you travel abroad while a change of status application (I-539) is pending, USCIS considers the application abandoned and will reject it. You will need to go to a U.S. embassy or consulate to apply for a new visa to re-enter.How long do you have to leave the US before returning?
There is no set period you must remain outside the USA before returning but: "When traveling to the U.S. with the approved ESTA, you may only stay for up to 90 days at a time - and there should be a reasonable amount of time between visits so that the CBP Officer does not think you are trying to live here.Can I Return To The US Before My Extension Is Approved? | Immigration Law Advice 2021
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