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Posted on 24 Apr 2009
Q.

Returning to USA on Visa Waiver After I-539 Extension Denied

I'm a 25 yr old Austrian female who graduated university in Vienna in '08. I have a friend in NY and we hoped to travel extensively in the USA. I came to the USA on a 90-day Visa waiver 3/08; stayed through 5/08; and returned 7/31/08 on a 6-month B2 Tourist Visa that ended 1/30/09. April 9 my I-539 Application to Extend (for 6 months more) was denied. I've lost my B2 status and must leave by 5/9. We still have travel plans and I want to return as soon as possible on another Visa waiver.

1) What would be a safe time period to wait to avoid rejection? 1 month? 2 months? 3 months? Longer? I wanted the summer here.
2) Is it a surer bet to try to enter by land (from Montreal) vs. flying into NYC's JFK?
3) If I jointly-owned property in the USA would it be easier when I want to come?

User's Location: New York, New York, United States of America
Category: B2 Visa (Visitor Visa)
Posted on 27 Apr 2009
A.
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David Rubman
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Rubman & Compernolle
(312) 341-1907

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