Question regarding length of stay on B1/B2 tourist visa

chaukka

Registered Users (C)
I would be glad if I could please get answers to the following questions from the knowledgeable members of this forum.

My mom, an Indian citizen carrying a valid B1/B2 visa travelled to US on May 6th of 2011 and stayed here until July 15th 2011. My mother is back in US now (arrived on October 6th). During the immigration interview on Oct 6th, US Immigration officer mentioned she could stay here for 6 months but then she will have to wait for a year (until April 2013) to get back again in US. Or if she stays here for 4 months during this visit (leaves Feb 2012), she will be eligible to re-enter US after 6 months of her departure. I had a few questions and would be grateful if you could please answer these:

· If she stays here for 4 months (returns back around February 6th), when can she re-enter US?

· If she stays here for 6 months (returns back around April 6th), when can she re-enter?

· Is there a possibility to extend her stay for a year?
 
There are no hard and fast rules about when a visitor should re-enter the US after a previous stay. No genuine, emphasis on genuine, visitor should ever spend more than 6 months in the US during any rolling 12 month window. Use this yarstick to determine if your mother is indeed a genuine visitor to the US. Yes, she may apply for an EOS, but doing that will prove the POE officer correct that she does not appear to be a genuine visitor. She will most likely be viewed (on her subsequent trips) as someone trying to live in the US on a B-2 visa.


· If she stays here for 4 months (returns back around February 6th), when can she re-enter US?

· If she stays here for 6 months (returns back around April 6th), when can she re-enter?

· Is there a possibility to extend her stay for a year?
 
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