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What is the minimum wait before I may I re-enter the USA after a 85 day visit on the Visa B-2 Program?

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    Can you clarify whether you mean you had an actual B2 visa (one you requested from the Is embassy or consulate and which was stamped on your passport) or used the visa waiver program (VWP), just requesting an ESTA before flying?
    – jcaron
    Commented Jul 21, 2019 at 14:05

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Contrary to the Schengen 90/180 rule, there is no hard rule for this, but:

  • you should not be attempting to live in the US under the VWP or using a B-1/B-2 visa. This means that consecutive stays close to the 90-day limit will clearly not be seen with a good eye
  • there will be a big question about how you support yourself for so long while you are in the US as you are not allowed to work
  • there will also be big questions relating to your ties to your home country (like what kind of job allows you to be away for so long)
  • the CBP publishes a rule of thumb that if you stayed for 90 days, you probably should be away for 90 days before returning.

Of course, it all depends on how long you are planning to stay, what you say you are going to do in the US, your ties to your home country, etc. The CBP officer will decide when you arrive.

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    The limit for a B-class visitor is six months, not 90 days, so the visit described in the question is nowhere near that limit.
    – phoog
    Commented Jul 21, 2019 at 14:03
  • I had the (possibly mistaken) impression that OP was talking about the VWP rather than an actual B2 visa. I asked for clarification.
    – jcaron
    Commented Jul 21, 2019 at 14:07
  • Ah yes. The significance of the unusual phrase "visa B-2 program," or more precisely its similarity to "visa waiver program" escaped my notice. But the answer is essentially the same either way. The only difference would be the relative significance of the first visit's 85-day duration.
    – phoog
    Commented Jul 21, 2019 at 14:10
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There is none. However, the more recent time in the US you have, the more likely you are to receive additional scrutiny and possibly be denied entry. The likelihood also depends on the purpose and planned duration of your second visit.

I'm looking for an official source and will add it when I find it.

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