US Visa

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  1. #1

    US Visa

    Hi everyone,

    I was wondering if someone could help me here. I'm not sure where else i could post this.

    I've got a 10 year visa to the United States under a BN(O) passport and upon entry to the United States, i get a 6-month entry limit. Now i've been back and forth and stayed a maximum of 5 days each time.

    This is the first time i've stayed there a full 6 months and i'm back in HK. My question is, how long before i can head back to the states before arousing suspicion?

    Any advise will be much appreciated.


  2. #2

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    As long as you have a multiple entry 10 year visa, only stay there within the alloted entry limit, usually 6 months (they also give 3 months I believe and less) and have an acceptable reason for them at the port of entry, you should be fine. IMHO


  3. #3

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    As I understand the way the US does this this is totally at the discretion of the individual officer processing you on arrival. If you are there legitimately as a temporary visitor, not working or studying, and can provide reasonable evidence of this fact (and how you are supporting yourself financially during your stays) then in principle you should be OK. But essentially you have to negotiate for entry at the border.

    See a similar discussion on another board here.


  4. #4

    Thanks Blueagles and PDLM for your advice.. PDLM, you mentioned that i might have to negotiate for entry.. could you please explain further..

    Friends have advised me to book my stay for 7 days and some have said to have a job-waiting letter.. would these measures help? i'm staying with US citizens there, so was always able to provide their address..

    I'm planning to leave in the middle of this week.. so that makes it a full week that i'm here, since returning from the states.. would a "family emergency" help at the border?

    Sorry to trouble you guys, but i'm a little nervous and on a budget..

    Thanks again for any help..


  5. #5

    sorry off topic for a second,

    pdlm, how sure are you about that one has to pay taxes with a green card even if you dont live in the states anymore? i have friends in the states that may NOT be aware of this problem. thx!


  6. #6

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    Quote Originally Posted by pebbleshk:
    Thanks Blueagles and PDLM for your advice.. PDLM, you mentioned that i might have to negotiate for entry.. could you please explain further.
    Your right of entry and length of stay is determined by the Immigration Officer at the Border. A visa doesn't give you the right to stay - it's a pre-assessment by the consulate which issued the visa that gives you the right to travel to the US and to be assessed for entry by the Immigration Officer. If you can't convince him that you are there for bona fide reasons then he will turn you round and send you back. He also has the discretion to give you a shorter stay.

    If you want to live in the US long term then you need an Immigrant Visa, not a non-immigrant one. Two back to back 6 month stays looks like living there permanently to me.

    One rule I would advise is never to lie to a US Immigration Officer - if you get caught out then that will most likely put you in jail.

    If you are nervous then the Immigration Officer will spot it and he will drill down until he gets to the bottom of what it is that's making you nervous.

    Regrettably, my observation is that non-whites commonly get a much harder time at the US border than whites.

  7. #7

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    Quote Originally Posted by reinkarnation:
    pdlm, how sure are you about that one has to pay taxes with a green card even if you dont live in the states anymore? i have friends in the states that may NOT be aware of this problem. thx!
    See the links in my post here. As I read those documents, you certainly have to formally renounce your green card to stop being liable for taxes (meaaning you can't go and live there again without going through the whole application process again), and if you have lived in the US for more than 8 years in the preceding 15 then it isn't that easy.