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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24479
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I need help. I was in the US for 5 months. Ive been out of

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I need help. I was in the US for 5 months. I've been out of the US, currently in my home country, for 5 months now. I want to go back for a photography workshop in august that lasts 5 weeks.

I was told by a friend that I should be careful since my previous visit I stayed for so long, because the officer at POE could think I'm living in the US or that I'm working there. I'm not doing either of those things. And I'm actually a little shocked because I feel I don't fit in the profile of a potential immigrant or someone that is using vistor visa to live/work in the US.


I've had b-2 visa since 5yr old. I'm 20 now.
I've got a Schengen visa
When I travel to the US I carry a good amount of cash and an Amex credit card.
The workshop costed almost $4,000. I have the receipts and all the documents regarding this workshop.
I normally stay in USA a month or 2 in a year. And my last visit has been the longest and the only time I've stayed 5 months.

I'm not really sure what to do. Because I don't want any negative effect on my B-2 vistor visa nor I want a tough Interview at POE. Plus I would probably lose half if not all of the money I payed for the workshop if they don't let me in.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Hello,my name is Judith. Thank you for this opportunity to answer your questions.

I don't think you have the profile of an intending immigrant either.

Just a bit more information on what you do in your country, please.

Judith

Customer: replied 1 year ago.

Hello,


 


I'm a full time advertising student. I took this year off , to take courses and travel. I still live and economically depend of my parents.

Expert:  Judith replied 1 year ago.

I don't see you having a difficult time coming into the US this time for the workshop. It would be good if you can get a letter from your university advisor saying you have taken a year sabbatical to do independent course work and travel.

Bring with you all the workshop materials for the course here.

If you have any future commitments outside the US such as some trips abroad already scheduled bring evidence of that.

The fact you have spend 5 months back in your country and are only entering the US for a 5 week course, requesting only a maximum of 2 months visit this trip, all appears very legitimate to me.

You may go back to secondary inspection but you should not cancel your trip because of that. You have a legit purpose for coming, a once in a lifetime chance while young to travel and gain experiences before finishing school and beginning a professional career. You just tell that to the inspector.

Judith

Customer: replied 1 year ago.

I would bring the receipts of the course, return flight, student ID from my university.


 


 


Is there a possibility the Officer at POE asks me why I stayed so long in the states in my previous visit? If so, what's proper answer. The truth is I was enjoying the winter season and the holidays with friends and fmily members.

Expert:  Judith replied 1 year ago.

THE TRUTH is what you answer. There was nothing wrong with coming to the US to enjoy the winter with family and friends. That is the entire purpose of the tourist visa and you can tell the officer all the fun things you did and saw!

 

Judith

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24479
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 3 other Immigration Law Specialists are ready to help you

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