If you have been in legal status throughout an 8 year period on an 01 visa and leave before it expires, how long before you can re-enter the US as tourist?

We first entered with an 01 and 02 visa; then had 2 renewals with visa approval notices. Have not left the US to have hard visa put in passport. When we leave just before they expire, how long will it take before we can legally visit the US again if for just a tourist visit? And would we have to return to our home country or just leave the us to any other country and then be able to return as a visitor?

Asked on June 2, 2012 under Immigration Law, California


SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You should be able to return whenever you like on a tourist visa if your intentions are, in fact, just to visit the US.  You will need to explain that your next trip is to visit only and not to remain in the US and the burden of proof will be on you to show that this is, in fact, the case.

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