B1Visitor questioned at the POE about frequent visits to the US

N

NPL

Registered Users (C)
Dear members,

My mother, who holds a multiple B1 visa valid for 10 years has been questioned heavily at the POE when she arrived 2 weeks ago. They asked her to come to a secondary inspection room. They questioned her why she comes here every year and stays for 6 months each time (she has been here 4 times already, this is her 5th time). They said that they suspect that she is working here illegally. That is not the case at all, she is just visiting us and stays with us. Then they gave her another stamp for 6 months. Her ticket is for 6 months, and she plans to go back in November. However, we are concerned about this questioning. What could this mean? and what would be the best thing to do in this case? has anybody had any similar experiences?

Thank you in advance.
 
Stop coming every year for 6 months. Limit the number of visits, skip a year, visit only for 3-4 months.-

A visitor is supposed to spend more time in their home country than in the USA. Right now your mom is spending the same amount of time in the USA vs her country.

So the immigration officers suspect she is babysitting for you guys (which is considered illegal employment, even if she does not get paid).

She is risking being red flagged and getting restricted stays (only 30 days or so).
 
So she has spent half a year anually in the US for the last 4 years. So looking at it the other way (USCIS's perspective), she has also spent half a year anually somewhere else for the last 4 years. So where does she actually live and where does she actually visit???

NPL said:
However, we are concerned about this questioning. What could this mean? and what would be the best thing to do in this case? has anybody had any similar experiences?
Click to expand...
 
Triple Citizen, what would you suggest to do for this particular visit? And what does being red-flagged mean long term? We hope to sponsor her for a green card few years from now. Is this questioning going to affect it?
 
Her green card chances will not be affected due to this questioning. However if she continues to visit you every year for 6 months at a time, then she should be mentally preprared for a restricted entry, or worse, a denial of entry.

NPL said:
Triple Citizen, what would you suggest to do for this particular visit? And what does being red-flagged mean long term? We hope to sponsor her for a green card few years from now. Is this questioning going to affect it?
Click to expand...
 
NPL said:
Triple Citizen, what would you suggest to do for this particular visit? And what does being red-flagged mean long term? We hope to sponsor her for a green card few years from now. Is this questioning going to affect it?
Click to expand...

You have just admitted that she is a potential immigrant which is a violation of the intent of a B2 visa. The IO correctly assessed her situation.
 
Concerned4us said:
You have just admitted that she is a potential immigrant which is a violation of the intent of a B2 visa. The IO correctly assessed her situation.
Click to expand...

Yes, we plan that but in 4 years from now_ we simply do not qualify for sponsorship yet.
Anyway, what would be your suggestions for this particular visit? Is it going to be a problem if she stays for 6 months, until November, as allowed?
 
Until that time, she is using frequent, long visits to essentially live in the US for as long a period of time per year as possible. I hope she is not providing child care while you work too.
 
You must log in or register to reply here.
Top