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-   -   Q about US customs/immigration related to ME-B2 visa (https://www.horizonsunlimited.com/hubb/north-america/q-about-us-customs-immigration-78628)

SauerkrautandTofuwurst 9 Oct 2014 20:47

Q about US customs/immigration related to ME-B2 visa
 
We have a tricky question concerning our multi-entry B2 visa for the US. If you are a customs/immigration office you might know this and could help us.

If you are a foreigner and have gained some experience with this issue we would be happy to hear your story.

General advice or opinions like call this or that agency are not helpful (we did that already and it did not lead anywhere). We also visited the USCIS and that did not help either (by appointment only and the next one is in three weeks)

Facts:
We are currently in the US on a multi-entry B2 visa (The visa expires in 2024).
We are allowed to stay until beginning of Nov2014.
An extension of this stay appears possible but will cost 290USD which ruins once more our travel budget.
We were four weeks in the USA, visited for one week in Canada and when we came back to the USA, the border guy did NOT give us a new stamp! He claimed we should depart "meaningful" (whatever that really means) in order to get a new stamp - so we have hard evidence that it is not THAT easy as one might think :doh:

Questions:
If we go to Mexico for one week (time can vary if needed) and then come back to the USA. Will we get another stamp which allows us to stay for another 6 months (or whatever time we agree with the customs office)?

What is "meaningful"?:innocent:

I really hope somebody can answer this mystery as I do not like to gamble...?c?

Hemuli 9 Oct 2014 23:48

I have understood that if you go to Canada or Mexico, you will not get new stamp, you need to go further away from US.

SauerkrautandTofuwurst 10 Oct 2014 12:18

I looked at some more links (thanks for the hints) and here is an update:

-- During your visit to the U.S., you may visit Canada, Mexico, or the Caribbean islands (not Cuba)for up to 30 days and re-enter the U.S. as long as you re-enter within the period noted on the Form I - 94 which you received when you first entered.
For instance, if you come to the U.S. on July 10, 2005 on a B2 Visitor Visa, you may go to Canada and/or Mexico on or after November 10, and reenter the U.S. any time up until December 10. But because the six month period is up on December 10, 2005, you will also have to depart from the U.S. on that same day to avoid being an "overstay" (unless you applied for an extension of stay.) (source: http://www.path2usa.com/usa-visitor-visa-extension) :innocent:sure, I got it!

-- The advantage is that if you want to enter the U.S. the following year (assuming your visa is still valid), you do not have to apply for a visa again before entering the United States (source: United States Immigration and Visas - one year like in 365 days, what about 364 days?

-- If you visit other countries such as England or Costa Rica, then return to the U.S., your re-entry will be considered to be a new admission, rather than a re-entry from a contiguous country in the course of your initial visit, and the admission inspection may be more strenuous. The CBP Officer inspecting you will want evidence that you intend to go back home to your country of citizenship to live as opposed to returning again and again to the U.S. after visits to other countries. Remember, a B1 or B2 visa allows you to come to the U.S. to visit. If the CBP Officer suspects that you are actually trying to be a de facto resident, you will be denied entry (source: https://help.cbp.gov/app/answers/det...-b1-or-b2-visa)

:innocent:Well, England and Costa Rica are out of question... How about Mexico?

:helpsmilie: USA is HUGE! This is not Mali or Mauritania! So any proposals on how to provide this required evidence? "The CBP Officer inspecting you will want evidence that you intend to go back home to your country of citizenship to live as opposed to returning again and again to the U.S. after visits to other countries. "

markharf 10 Oct 2014 22:52

The cut-and-paste you provided specifically mentions that going to Mexico will not work. You've got to go at least as far as Guatemala. That's been true for a long, long time. Our sympathy for your plight will not alter the rules, so you might as well get used to it and start making plans accordingly.

Best bet: use Kayak.com or similar sites to find the cheapest airfare to and from someplace very nice--Venezuela, Colombia, Nicaragua... Or Iceland, if you like hot springs and blondes. Or anyplace else on the face of the earth except the specific locations called out in the paragraph you pasted.

The other issue, which is that you need to convince the immigration officer of your ties to home and desire to return there, applies any time you try to enter the USA. If you've already done that on your initial entry, do the same again when you return--show family, job, bank accounts, other obligations sufficient to demonstrate absence of interest in remaining. Given you're entering on a visa, not a waiver, the question might not even come up. If it does, have an answer ready.

Hope that's helpful.

Mark

SauerkrautandTofuwurst 11 Oct 2014 01:41

Quote:

Originally Posted by markharf (Post 482344)
The cut-and-paste you provided specifically mentions that going to Mexico will not work. You've got to go at least as far as Guatemala. That's been true for a long, long time. Our sympathy for your plight will not alter the rules, so you might as well get used to it and start making plans accordingly.

Best bet: use Kayak.com or similar sites to find the cheapest airfare to and from someplace very nice--Venezuela, Colombia, Nicaragua... Or Iceland, if you like hot springs and blondes. Or anyplace else on the face of the earth except the specific locations called out in the paragraph you pasted.

The other issue, which is that you need to convince the immigration officer of your ties to home and desire to return there, applies any time you try to enter the USA. If you've already done that on your initial entry, do the same again when you return--show family, job, bank accounts, other obligations sufficient to demonstrate absence of interest in remaining. Given you're entering on a visa, not a waiver, the question might not even come up. If it does, have an answer ready.

Hope that's helpful.

Mark

Well, nice idea! However with all the issues, regulations and costs related to traveling with pets this is the least feasible option.
I think if the US does not want to let us in later, then we will spend our money somewhere else. bier

markharf 11 Oct 2014 02:10

Fair enough. If it's not worth it to you, you won't come. I'm not defending the policies; I'm merely reporting the simple truths, about which you seemed unclear.

Mark

SauerkrautandTofuwurst 11 Oct 2014 02:24

Quote:

Originally Posted by markharf (Post 482363)
Fair enough. If it's not worth it to you, you won't come. I'm not defending the policies; I'm merely reporting the simple truths, about which you seemed unclear.

Mark

Thanks Mark. We appreciate your help.:thumbup1:

Well - to our understanding up to now, its fully up to the border officer whether we can enter the USA or not. The Mexico clause is specific on the time frame:
"During your visit to the U.S., you may visit Canada, Mexico, or the Caribbean islands (not Cuba)for up to 30 days"

So what about if we stay 31 days in Mexico?
And then want to come back to the USA? :ban: or :welcome:

markharf 13 Oct 2014 20:15

#8, I think you're missing the point. The allowed period started on the date of first entry, and the OP wants to stay longer--perhaps with a brief visit to a neighboring country. The rules forbid this, for obvious reasons.

OP, I'm thinking you're trying to evade the intent of the rules in a manner which will be obvious to any immigration officer. How do you think they're going to react? Do you really think you're going to come up with a plan so subtle that they haven't seen it a hundred times before? C'mon.

Of course, I'm merely speculating. It's your trip, and your decision. Good luck.

Mark

SauerkrautandTofuwurst 13 Oct 2014 22:18

Quote:

Originally Posted by thepinproject (Post 482675)
A stupid question: A multi-entry B2 non-immigrant visa lasts for 6 months, right?

You mentioned that you were 4 weeks in USA.

Why you cannot stay longer?

The ME-B2 visa is valid for 10 years. Normally a EU-citizen does not need a visa, you can go with a waver which is much cheaper and allows you to stay in the USA for up to 3 months.

Quote:

Originally Posted by markharf (Post 482689)
OP, I'm thinking you're trying to evade the intent of the rules in a manner which will be obvious to any immigration officer. How do you think they're going to react? Do you really think you're going to come up with a plan so subtle that they haven't seen it a hundred times before? C'mon.

Of course, I'm merely speculating. It's your trip, and your decision. Good luck.

Mark

It is well explained that when you visit the USA you can visit Canada/Mexico for up to 30 days (you do not give away your I-94W) and when you come back to the USA it is called a re-enter (usw same I-94W card).

Of course I can stay longer then 30 days in e.g. Mexico. This rule lets me assume that in this case, it is not anymore a re-enter but I would need to get a new "permission" i.e. a new stamp which allows me to stay again for a certain period in time in the USA (depending on what the border guard writes as a date).

I am not sure, I am sensing a certain hostility here which I never experienced in HUBB before. I am merely trying to understand the immigration rules and act accordingly. We are not trying to do anything illegal here neither cheating the system, neither offending anybody, neither judging what is "good" or "bad".

I am asking for HELP!

markharf 13 Oct 2014 22:36

No offense meant, and I apologize if it was taken.

The rules are designed to keep you from spending lots and lots of time in the USA. The rule-makers assume that if you're doing so, you're likely not a tourist anymore. I'm not trying to judge whether they're right or wrong, justified or not.

You're trying to figure out how to spend lots and lots of time in the USA. Remember, that's what the rules are designed to prevent you from doing.

The enforcers-of-the-rules are going to see that very clearly.

What they do in response is entirely up in the air. In fact, the same guy wearing the same uniform might have opposite responses depending on what day of the week it is, how he feels about his teenaged kid, or what he had for breakfast that morning.

In other words, no one knows the answer. Or at least, all answers are highly suspect.

Again, good luck. I doubt I've got any more to offer here.

Mark

mollydog 14 Oct 2014 01:12

You mentioned "a fee" you could pay to re-new your visa? ... I think it was mentioned in first post? Something like $290? (or so?)

That might end up being best/cheapest option for you. Dunno? :innocent:
Staying in Mexico (or anywhere) over 31 days will surely be more than
$290 fee, yes? ... or if you fly somewhere, even more spent.

Or ... as you say, you could just leave and spend your money elsewhere. Surely would not blame you ... and Don't worry, no one will miss you.

Euro trash tourists were tripping over themselves last week in Yosemite, Sequoia and Death Valley parks when I passed through. I heard every language but English! Swedes, Danes, Brits, French (LOTS) ... and of course many Swiss and Germans. Dozens on rented Harley's. "It's SO CHEAP", they all told us every time we asked. Strong Euro, weak dollar means the High Life for Euro tourists in USA, no? :Beach:

Sorry for the F'd up Migra rules here, our govt. is in Full Flight Panic and Fear mode now since our "new" war. Two steps away to going full Fascist.
Never ending war brings on such policies. The border area is now a War Zone. Use caution. Trigger happy Nut Jobs. (damaged robots from Iraq and Afghanistan)

But also consider that tens of thousands of "tourists" who come to the USA and WORK. They often pay no taxes (Cash jobs). I don't mean our 20 million (or so) hard working undocumented folks from all over Latin America, but rather Euro White folk with education and skills taking HIGH PAYING jobs that Americans could do. Mostly in IT and Tech areas.
Thousands come in on Tourist visas ... but work "side jobs".

Can I do that in Germany?:smartass:

If an American wanted to work anywhere in the EU ... well, it's nearly impossible. (I know, I tried it.) But I was able to get LEGAL work permits in Mexico, El Salvador and Argentina!! :rofl:

What ever you do ... safe travels, good luck! bier
:mchappy:

SauerkrautandTofuwurst 14 Oct 2014 02:00

Quote:

Originally Posted by mollydog (Post 482718)
You mentioned "a fee" you could pay to re-new your visa? ... I think it was mentioned in first post? Something like $290? (or so?)

That might end up being best/cheapest option for you. Dunno? :innocent:
Staying in Mexico (or anywhere) over 31 days will surely be more than
$290 fee, yes? ... or if you fly somewhere, even more spent.

Or ... as you say, you could just leave and spend your money elsewhere. Surely would not blame you ... and Don't worry, no one will miss you.

Euro trash tourists were tripping over themselves last week in Yosemite, Sequoia and Death Valley parks when I passed through. I heard every language but English! Swedes, Danes, Brits, French (LOTS) ... and of course many Swiss and Germans. Dozens on rented Harley's. "It's SO CHEAP", they all told us every time we asked. Strong Euro, weak dollar means the High Life for Euro tourists in USA, no? :Beach:

Sorry for the F'd up Migra rules here, our govt. is in Full Flight Panic and Fear mode now since our "new" war. Two steps away to going full Fascist.
Never ending war brings on such policies. The border area is now a War Zone. Use caution. Trigger happy Nut Jobs. (damaged robots from Iraq and Afghanistan)

But also consider that tens of thousands of "tourists" who come to the USA and WORK. They often pay no taxes (Cash jobs). I don't mean our 20 million (or so) hard working undocumented folks from all over Latin America, but rather Euro White folk with education and skills taking HIGH PAYING jobs that Americans could do. Mostly in IT and Tech areas.
Thousands come in on Tourist visas ... but work "side jobs".

Can I do that in Germany?:smartass:

If an American wanted to work anywhere in the EU ... well, it's nearly impossible. (I know, I tried it.) But I was able to get LEGAL work permits in Mexico, El Salvador and Argentina!! :rofl:

What ever you do ... safe travels, good luck! bier
:mchappy:

The 290USD is the application fee for the extension of stay. It does not guarantee that you are allowed to stay (well of course for any average world citizen that should not be a problem to get). Anyway, the "fun" part is that it is uncertain how long it will take to get that permission. We would need to leave the country in any case if the permission is not granted by the date our stay "expires". :eek3:

Mexico would be nice ... Baja ... gravel roads for me, beach in the evening:Beach:

About the white man coming and "invading" America ... :nono: - bad manners!
:offtopic:Then again. Just because there a few crocks and thieves in this world does not mean one needs to lock-up everyone :D

marquezmax 14 Oct 2014 03:10

If you fly to/from Mexico or Canada you get a new stamp and i94. It's a simple way to work around it. it only works by flying. If you drive, you won't get stamped. It has worked for me for years and helps avoid having to get off the car for a new i94 when I drive to the states. I live close to the border and cross almost once a month

mollydog 14 Oct 2014 05:03

Quote:

Originally Posted by SauerkrautandTofuwurst (Post 482720)
Mexico would be nice ... Baja ... gravel roads for me, beach in the evening:Beach:

Baja is mellow.
Enjoy! bier

Quote:

Originally Posted by SauerkrautandTofuwurst (Post 482720)
About the white man coming and "invading" America ... :nono: - bad manners!

I don't blame the Euro guys/gals, they are just taking advantage of an easy opportunity to make some money ... it's corporations who make this possible, they are looking for skilled guys ... on the cheap.

Quote:

Originally Posted by SauerkrautandTofuwurst (Post 482720)
:offtopic:Then again. Just because there a few crocks and thieves in this world does not mean one needs to lock-up everyone :D

True, but seems US govt. are trying to do this exactly ... even young children trying to get out of dangerous countries.

Lonerider 14 Oct 2014 08:56

Quote:

Originally Posted by mollydog (Post 482718)

Or ... as you say, you could just leave and spend your money elsewhere. Surely would not blame you ... and Don't worry, no one will miss you.

Euro trash tourists were tripping over themselves last week in Yosemite, Sequoia and Death Valley parks when I passed through. I heard every language but English! Swedes, Danes, Brits, French (LOTS) ... and of course many Swiss and Germans.

Find the Euro Trash tourist quote quite offensive....... And you heard every language except English...... but yet it was full of Brits, Ummmmmmm, is that not English, the original English?
Don't want to start a slanging match but is that not what traveling is about?
On the plus side i do enjoy a bit of banter but think this is a bit too much

:D

Wayne


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