What are the B2 Visa Restrictions?

It all depends on her intentions upon entry.

No, there is no specific period of time required to remain abroad for a B-2 non-immigrant visa holder prior to seeking readmission in the same classification. The admitting officer(s) at the particular point-of-entry has/have the discretionary authority to make the determination as to acceptable frequency of use and possible abuse of the "tourist/visitor for pleasure" classification when he/she grants the alien entry at any given point in time (via issuance of the I-94 admission document and stamp). The specific circumstances relating to each visa holder are taken into account at each separate entry. Constant sequential entries for the maximum period of 180 days will almost certainly trigger enhanced scrutiny of your daughter, but will not necessarily lead to a cancellation of her visa or denial of entry if adequately explained and documented to the BCP entry officer. "Pleasure" is defined as "...legitimate activities of a recreational character, including tourism, amusement, visits with friends or relatives, rest, medical treatment and activities of a fraternal, social or service nature". [22 C.F.R. ?41.31(b)(2)].

The more often your daughter visits the US, the higher the probability that an officer may conclude that she is actually an immigrant and not just a visitor, in which case the officer may take her visa away and deport her if she is on US territory. The longest that she will be allowed to stay in the US legally on each visit is 1 year. There is no magic formula; an officer will analyze each situation on a case by case basis. As long as she can prove to the satisfaction of the officer that she is just visiting, then she shouldn't have any problems.

How could your daughter be living with you in England and she is coming to visit with her father in the U.S? Where is the father and what is his nationality? The purpose for the B2 visa is for an individuals who are coming to the United States for pleasure or to undergo medical treatment. Individuals who are admitted to the United States on a B-2 Tourist Visa are usually issued a 6-month stay. The maximum length of stay for visitor visa holders is 6 months. The immigration officer at the port of entry determines how long each visitor is allowed to stay in the country. Most visitors have their I-94 cards stamped with a 6-month stay; however the immigration officer has the right to issue a shorter stay on a case by case basis. Because the B2 visa is a non-immigrant visa for a temporary visit to the United States, an individual who abuses this visa, entering more than once in one year, exposes him/herself to the possibility of cancellation of said visa.

A B2 is to visit the US. If a person spends a lot of time here on it, then it can be seen as living in the US. So it is imperative that your daughter can demonstrate that her residence and life is abroad and that the B-2 is only to visit her father, not to live or work in the US. That is a proper use of the B-2. However if she is spending more than six months a year here, then maybe it is time for her father to sponsor her for a green card.