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?
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.
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.
Get free answers from experienced attorneys.
26,929 answers this week
2,873 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary