B1/B2 granted to UK resident for US visits. How long do I need to stay away between visits if I stay 6 months?

Upvote:6

As phoog notes above, the rule of thumb for the visa waiver program is that if you're in the US for X days, you should be outside the US for X+1 days before seeking re-entry. One of our intrepid users got a formal statement from CBP to that effect, and whilst it's specific to ESTA, I see no reason not to think they'd have a similar rule for B1/B2 visas.

Note also that the advice you're getting above about your employer is very sound. We have at least one other case here where someone was required to travel by their employer, but the employer failed to handle it professionally and it all went wrong. The poor employee ended up with a ten-year ban from the UK, and having since changed jobs is having trouble in his current position because the ban prevents him from making a business trip that would otherwise likely be fine.

You may well end up being asked point-blank by a CBP officer whether you're working in the US. What will you say? No? If they determine that's a lie, the US's ban for deception, if memory serves, is for life. Yes, and have a refusal on your record? Your employer seems to be playing fast and loose with your US immigration status.

It's you that ends up with the consequences, not your employer, and those consequences may well blight your life for longer than you have this job. You may wish to consider telling your employer that since you've already been "warned off" by CBP you want this handled properly, by immigration lawyers, so that you can seek the appropriate US visa for the activities the company requires you to perform.

More post

Search Posts

Related post