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Can I come back to US after my H2B done?

Warrensburg, NY |

My H2b will be expired in the end of October. I hope I can stay in USA longer with my american boyfriend who live in upstate NY so we have planed to go to Canada for a week then come back with my B2 visa which I already have. Can I do that? Will US immigration allowed me to come back to US after I leave just a week?

Attorney Answers 3


You may be admitted on any valid visa to the United States, however be prepared to account for your dual immigration intent as "I hope I can stay in USA longer with my american boyfriend who live in upstate NY," definitely raises such presumption.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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No one can predict what will happen at the port of entry, but yes with a valid B-2 visa you will be permitted to enter - if officer concludes that after your stated "purpose of visit" materializes, you will return to your home country. So be prepared to answer questions.

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Possibly, but CBP may be concerning about your non immigrant intent since you are traveling with your American boyfriend.

Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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