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I'm a tourist in USA (I have 6 months as legal period). I will go to Canada for 2 or 3 months (I have ETa) so no problem. My question is if I will have any problems to enter USA again.

I heard some rumors that the 6 months I got in USA will still run while I'm in Canada, so when I come back to USA I have to be in the period of the 6 months that they gave me the first time....

Does anyone knows anything about it?

  • I have a B1/B2 Visa. I have been in Jan/2017 in US, I returned to home and after 10 days I enter again in US. I received more than 6 months. – Marcel P. Mar 31 '17 at 20:00
  • What is your country of birth? and your nationality? – smci Mar 31 '17 at 20:03
  • @smci why would that matter? – phoog Mar 31 '17 at 20:15
  • And what is your Visa/ESTA status for the US? – Jacob Horbulyk Mar 31 '17 at 20:21
  • @smci I don't think you asked the correct question which is where is Marcel P.'s home/place of residency? If it's outside of North America/Caribbean, yes, that usually resets the visa clock. – mkennedy Mar 31 '17 at 20:21
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Each entry on a visa is adjudicated independently, and on your return, you will be seeking to be admitted anew on the basis of your visa. You may be admitted for 6 months, less than 6 months, or be denied entry. All of that is possible. Whether your past entry will have an effect on how long you will be admitted or whether you will be admitted is impossible to predict -- it is up to the whim of the immigration officer at entry.

(There is something called Automatic Revalidation where you can be admitted for the duration of your previous I-94 even if your visa is expired after a trip of less than 30 days to Canada or Mexico, but that doesn't apply here as it is more than 30 days. Also, VWP has rules where traveling to Canada/Mexico/Caribbean islands doesn't give you a new period of admission on VWP, but that is not relevant here as you are not on VWP.)

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