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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4731
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I am on b2 visa I enter usa on 11th of july at the port gave

Customer Question

I am on b2 visa I enter usa on 11th of july at the port gave six months I should leave at 10th of jan 2017 what will be the gap period to the second visit.
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: I came with my daughter she is on f1 visa and the usa consulate in my country gave me a visa issued 23 june 2016 and expired 21 june 2021
JA: Have you talked to a lawyer yet?
Customer: no, but my friends told me that when you leave usa at 10th jan 2017 they will tell you the period gap for the second visit at the port. therfore i want to know earlier which helps me to book my trip earlier
JA: Anything else you think the lawyer should know?
Customer: no just the gap period for the next visit
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 11 months ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

There is no exact gap period that you must remain outside the US when you leave. Usuallly you should spend at least a few months outside the US before you come back to the US for the full 6 months. If not you could be allowed back in but maybe not for full6 months. Since you have a child in the US on F1 visa then the CBP officers at the border should allow you back in the US more easily witout issues. Also you have the option to submit an extension for your B2 visa BEFORE January 10 2017. To get an extension you submit for I-539 and pay the fee and give the reasons why you want to stay. You can show that your child is on F1 visa and they should approve your application. They will give you up to 6 months and you can stay here in the US. Find I-539 here

Good luck to you during this process and I hope this answer has helped you!

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