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Wilton, We are a family with two small kids, one 8 months…

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We are a family...

We are a family with two small kids, one 8 months one 4 years old. Me and the kids hold a swiss passport and therefore we entered with the visa waver program and my wife and mother of the kids holds a Brazilian passport with perm residence in Switzerland . She has a tourist visa to the US valid for 10 years . We live all in Switzerland but want to stay and travel a longer period in the US before official school starts for the 5 year old. -- we already stayed 85 days in he US. Can we go to make a Easter holiday trip to Costa Rica for 2 weeks and then return to the US and stay another 85 days? Best

Submitted: 2 years ago.Category: Immigration Law
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Customer reply replied 2 years ago
Ok
Answered in 23 minutes by:
2/22/2016
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,983
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Wilton has not been active on the site for a while now. Is it ok if I answer you?

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Customer reply replied 2 years ago
are you there?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

Yes. Sorry about that. I was attending other customers and then my computer locked up and I had to boot. Anyway, I have good news for you. As long as you go anywhere other than Mexico, Canada or any of the adjacent islands to the U.S., she can get a fresh 90 day period when she comes back into the U.S. But she should be prepared to respond to the following when she comes back:

1) Why is she coming back so soon?

2) Why couldn't she do what she needs to do during her last trip?

3) How will she be supporting himself for this additional time since she is not allowed to work?

4) What STRONG ties does she have to her home country to ensure that she will go back?

5) What preparations has she made to go back?

Again, sorry about the delay.

My goal is to provide you with excellent service if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

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Customer reply replied 2 years ago
the problem is not her. it's the children who will travel with her to costa rica but they are on visa waver since they have swiss passports and they entered the US with me.
I return to switzerland after70 days and have to come back 20 days later to the US to join her.
Customer reply replied 2 years ago
to sum it up, she is on a long holiday in the US with the children and I am with them but have to go back and forth to switzerland for work.
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

Sorry, then it's the same answer, just applicable to you and the children in order to get another 90 days. The important thing in your situation is that you show non-immigrant intent and strong ties outside of the U.S. Here is a link:

https://help.cbp.gov/ci/fattach/get/46680/0/session/L2F2LzEvdGltZS8xMzk3NDE3MzcxL3NpZC85M1BEQ0lSbA==/filename/Intentions+and+Ties.pdf

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!

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Customer reply replied 2 years ago
would it be better to go back to switzerland and get a non-immigrant B1-2 visa? instead of the visa waver?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

Sorry for the delay. It was passed midnight for me and when you took so long to respond, I had signed off. Either option has risks. The B visa could be denied, but the B visa is the better visa.

Let me know if you need anything else, but please do not forget to rate me positively. Thank you!

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!

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