Can I re-enter the US after a stay of 6 Months? 2 Answers as of June 23, 2011

My father was in US for about 6 months from Dec-2010 to June 2011. He applied for an extension under I539 but had to go back due a death in family. He wants to come back for few months now as we are having a child, can he come back after spending a month in India?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes he can always come back with a new visa or same visa but NEW I-94. He must re-apply for admission at a port of entry. He cannot use the extended I-94 to come back to the US. Once you leave the US, you need to get a new I-94 which will authorize you to stay for a given period of time, UP TO THE TIME SPECIFIED IN THE I-94. Once you leave the US . . . game over for that I-94. Good luck!
Answer Applies to: California
Replied: 6/23/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
yes. but he needs to file a new visa at the U.S. consulate in India.
Answer Applies to: Florida
Replied: 6/23/2011
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