I believe that in such a circumstance he will be readmitted for the balance of the original 90-day period. You should not count on his receiving a new 90 days.
he should, but remember that CBP officers have the right to question and stop if they suspect immigrant intent
This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
Quite possibly, since he will have spent a long time out of his country, raising a question whether he has an unabandoned foreign residence to which he intends to return.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
There is a widespread perception that if CBP gives someone 3 months or 6 months to stay to stay in the U.S., the foreign national can remain in the U.S. for the full time period, depart the U.S. on the ast day, and subsequently hop on a plane a few days later and return to the U.S. and be granted another 3 months or 6 months as the case may be. That is completely false. More likely than not, CBP will not readily admit your boyfriend if he returns too soon. Consult an immigration lawyer for more information. Many of us offer quick consultations at little or no charge. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
(Office located within minutes of the George Washington Bridge)
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.