If someone is in the US on a visa, canthey leave to visit another country and still regain entry to the US?

UPDATED: Feb 15, 2012

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If someone is in the US on a visa, canthey leave to visit another country and still regain entry to the US?

My friend is coming to visit me in 2 months. He has B2 visa and will stay here for 2 weeks. I’d like to take him to Mexico for 5-day vacation, while he’s here. However, if he goes, will he be able to re-enter the US? Does he have to surrender his I-94 at the airport when going to Mexico or should he keep it and show it upon reentering the US? I’ve heard that it would be considered continuous stay but I want to make sure before I book anything.

Asked on February 15, 2012 under Immigration Law, New York


SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no guarantee that even if one has a visa to enter the US and leaves the US temporarily that he/she will be allowed to reenter the US again for the duration of the original entry period.  I would strongly suggest that you schedule the Mexico trip before the entry to the US or at the very tail end of it to ensure that the US time is not compromised significantly.

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