Skip to main content

Can I enter US on B2, stay for a month, go back to Australia for 3 weeks, then return to US for 3 months?

Los Angeles, CA |

Was in US March-June 2012 on Visa Waiver, accidentally overstayed by 3 days (stayed for "3 months" not "90-days"). I'm Australian citizen, just got B2. I was planning to go to California on Nov 4 2013 to visit friends, return to Australia Dec 2 2013 to attend a wedding, then return to California on Dec 20 2013 to visit other friends. Assuming there is no problem w/ the Nov 4 entry, will I be able to re-enter after approx 3 weeks back in Australia?

Attorney Answers 4


  1. Your admittance into the U.S. depends on whether the immigration officer at the Customs believes you intend to return to Australia after your visit. They will look at every period of stay in the past year.


  2. I'd be more concerned with the prior overstay. Even though it was only for a few days, CBP has broad discretion in who they admit to the US. If they let you in on November 4th, I would think you'd be allowed to re-enter in late December. It's all about whether the CBP officer believes you have the intent to stay temporarily or permanently. Be overly respectful when dealing with CBP.


  3. If you can afford it, sure. You will also need good deal of luck not to be turned back on your second arrival.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  4. The only answer we can give you is MAYBE. Thats because the customs officials have a great deal of discretion in who they let it. How they will decide to let you in is whether they believe you are really going back to Australia at the conclusion of your trip. They may consider your prior overstay or they may not. They may ask you what you are doing in the U.S., or they may not. Chances are you will have to answer some questions about what you are doing here, why you are coming in again so soon after just being here. If they suspect that you are coming to the U.S. to live and work, they will not let you in and send you back to Australia. Review the B2 requirements below.

    Maria J. Marty Attorney at Law | mjmarty@mcaulifflaw.com | Office: 206.494.9999 McAuliff Law Firm | 14205 SE 36th St., Suite 100 | Bellevue, WA 98006 www.mcauliffimmigration.com Skype ID: mjmarty-mcauliff This is general information and not legal advice. For a more complete assessment of your situation, please contact our office. Our practice is limited to U.S. Immigration Law. Our attorneys have over 20 years of experience representing international companies, investors, professionals and families with US immigration matters.

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics