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Multiple Entry Visa Questions

A multiple entry visa is one that allows a person to enter a country multiple a number of times within a given period. There are different types of multiple entry visas and you can apply for one to the United States based on the purpose of your intended travel and other facts required under U.S. immigration law. Below are some of the top questions answered by lawyers on multiple entry visa-related questions.

Does the multiple entry visa remain valid if an I-539 request is denied?

Usually, a multiple entry visa remains valid provided the person leaves the United States on or before the expiry date mentioned in Form I-94, which denotes Arrival-Departure Record. A denial of I-539 request doesn’t affect the status of a multiple entry visa. However, if one overstays the period permitted in Form I-94 even after the denial, it is considered to be a violation of U.S. immigration laws and may make the person ineligible for a visa in the future for return travel to the U.S.

Can a person with a multiple entry visa apply for a work visa if sponsored by his/her employer?

In most cases, a person with a multiple entry visa to the U.S. can apply for a work visa. In such a case the person needs to fill out a separate application form requesting a work visa. Apart from the sponsorship the applicant must fulfill all the other criteria as prescribed in the work visa form.

Will a trip to a neighboring country such as Canada or Mexico lead to a visitor being issued a new Form I-94?

A trip to a country such as Mexico or Canada should lead to the issue of a new Form I-94 with extended validity provided the person spends 30 days or more in that country. However one needs to keep in mind that the fresh I-94 is issued at the sole discretion of the immigration officer and he/she has the right to extend I-94.

For a multiple entry B-1/B-2 visa what is the minimum time frame in which one needs to enter the United States?

There are no prescribed results which state any minimum time frame within which one needs to enter the United States. The person may visit U.S. as many times as he/she wants till the multiple entry visa is valid. It is however advisable that a person holding a multiple entry visa spends more time outside the United States than within during the period for which the visa has been issued. Making too many trips within the same year on a B-1/B-2 visa isn’t advisable.

Can a multiple entry visa holder get legally married in the United States to a US citizen?

Multiple entry visa holders can get married to a U.S. citizen but they should wait at least 60 days has passed since the date of the person’s entry into the United States. Otherwise the person may possibly be charged with visa fraud for staying on a visa that doesn’t serve that purpose. However, if the visa holder marries after 60 days, it is unlikely the authorities will question the person’s intent. His/her U.S. spouse can submit an application under the Immigrant visa for a Spouse of a U.S. Citizen.

Is E-2 (investor) visa a multiple entry business visa?

Yes, an E-2 (investor) visa is a multiple entry business visa and allows person to visit the United States as many times as they want till the visa remains valid.

A multiple entry visa to USA allows frequent travellers to the United States hassle free travel. It is very important that a person holding such a visa doesn’t illegally stay in the country beyond permissible date and strictly adheres to all the other guidelines under such visa prescribed under U.S. immigration law.
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