Brazilian citizen on visitor's visa - stays in USA 6 mos. Goes back to Brazil (home)..how long before they can come back to USA?

There is no set period, but two weeks to a month, perhaps two months is an average B-2 visa visit. You should visit your friend in Brazil. It may also be unfair to them, as well. Besides, you may want to strengthen your relationship should you decide that you want tickets to the 2016 Olympics. However, I digress.

A series of long 180 day stays in a short period can create challenges for your Brazilian friend. These long visits suggest, but do not prove, that a foreigner using a non-immigrant visa should be approved for a different visa. If a foreigner is dating an American Citizen, then the U.S. Citizen may need to visit the foreigner in their home country. Perhaps, they should file for a fiance visa. There are quite a few who may arguably abuse their B-2 visitor visas for love. Some visa holders are surprised, embarrassed, and upset if they are caught and their visa is cancelled.

The time period for a visit depends upon the facts in each situation. There is no precise formula, but wise guidelines. Visit, don't reside here! Some may have not seen loved ones for years. This may prolong a stay. Questions can asked, so answers need to be reasonable and truthful. Remaining for 180 days each visit is arguably unwise. Returning to the U.S. days, weeks, or a month after departure may suggest that a foreigner is abusing a visa by living and working in the U.S.

A long visit may appear to jeopardize a foreigner's employment in their home country. A long visit to the U.S. may suggest that the foreigner lacks a residence abroad. This can suggest B-2 visa abuse.

A B-2 visit visa may be used for a maximum stay of 180 days. An applicant may try to extend for another 180 days for just cause. Imagine how it appears to the USCIS if you are supposed to be a visitor and you stay for a year! In limited and documented situations, this can be appropriate and not effect an eventual return six months to a year later.

Those who remain regularly for the maximum 180 day period, or even once, and suddenly return within days or months may be defered at an airport for additional questions. This is by no means automatic.

If a visa holder is dating a U.S. Citizen, then they should use care in their visits. A B-2 visitor cannot work in the U.S. unless they change to a work visa or secure employment authorization due to a marriage based adjustment.

Each situation is unique. If it appears that a person is spending more time in the U.S. then in the foreigners country of citizenshp or nation of resident status, then a B-2 visa holder can be denied entry into the U.S. The reason; a visitor cannot have immigrant intent for the purposes of the visa. In addition, a visitor cannot abuse their visitor visa, as well. If an agent has reason to believe that an applicant for admission is abusing their visa, then the agent can deny admission.

This means that a CBP agent has the power to summarily exclude, cancel a B-2 visa, and send a foreigner back to their home country.

B-2 visitors should not take advantage of a good thing.

The above is general information and does not create an attorney-client relationship.