I am a US green card holder. My parents have been on B1/B2 visa. They have regularly visited me for the past few years, never for more than 6 months in any 12 month period. Here's the duration of their visits:
2014: 2 months
2015: 5.5 months
2016: 5 months
2017: 5.5 months (expected) (with 10 days in between in Canada)
They have always followed the law; had no employment here in the US and simply visited me.
In 2017 when they first visited me, they got a warning from the POE officer telling them that they had been visiting too frequently & for too long and they should consider staying out next time around. During their current stay we visited Canada. At port of entry, we were all called for secondary processing and my parents were given a very stern warning that they have been visiting way too frequently and after the consular officer satisfied himself that they truly did intend to leave the US within a month, he let them in the US. However, he -
a) advised my parents very strongly that they should stay out for 8-12 months given their "frequent" and "long" visits to US,
b) that he has put them on the list of potential B1/B2 visa abuse candidates (he said that being on this list does not mean they have abused their status. it just means that their their travels will be closely monitored in future), and
c) he feels confident that I (green card holder) will apply for their green card as soon as I get my US Citizenship; so if we want to avoid any iota of issues with their future plans, we should keep them out of the country
The incident has really scared my parents. They worry they won't be able to return to see me for extended periods. Further, I am very close to getting my citizenship and wanted to apply for my parent's green card on their next visit (after I get my citizenship) via adjustment of status route.
Questions:
1) Although there's no hard & fast rule, when is the earliest that you think my parents can realistically return to the US?
2) What kind of proof should they be carrying with them on their next trip here (while entering on B1/B2)?
3) How long after they enter the US next time can we realistically apply for their adjustment of status? I hear the time is 90 days these days to avoid giving the impression that my parents mis-represented themselves with non-immigration intent at port of entry?
4) Given their experience with port of entry this time, I am concerned that they won't be able to come for a 90+ day plan next time, which throws a wrench in my plan to adjust their status in the US. How long of a travel intent is "safe" for their next trip on B1/B2 visa?
5) Do you know what is this potential B1/B2 visa abuse candidates list that the POE officer was talking about and what are the repercussions of being on this list?
2014: 2 months
2015: 5.5 months
2016: 5 months
2017: 5.5 months (expected) (with 10 days in between in Canada)
They have always followed the law; had no employment here in the US and simply visited me.
In 2017 when they first visited me, they got a warning from the POE officer telling them that they had been visiting too frequently & for too long and they should consider staying out next time around. During their current stay we visited Canada. At port of entry, we were all called for secondary processing and my parents were given a very stern warning that they have been visiting way too frequently and after the consular officer satisfied himself that they truly did intend to leave the US within a month, he let them in the US. However, he -
a) advised my parents very strongly that they should stay out for 8-12 months given their "frequent" and "long" visits to US,
b) that he has put them on the list of potential B1/B2 visa abuse candidates (he said that being on this list does not mean they have abused their status. it just means that their their travels will be closely monitored in future), and
c) he feels confident that I (green card holder) will apply for their green card as soon as I get my US Citizenship; so if we want to avoid any iota of issues with their future plans, we should keep them out of the country
The incident has really scared my parents. They worry they won't be able to return to see me for extended periods. Further, I am very close to getting my citizenship and wanted to apply for my parent's green card on their next visit (after I get my citizenship) via adjustment of status route.
Questions:
1) Although there's no hard & fast rule, when is the earliest that you think my parents can realistically return to the US?
2) What kind of proof should they be carrying with them on their next trip here (while entering on B1/B2)?
3) How long after they enter the US next time can we realistically apply for their adjustment of status? I hear the time is 90 days these days to avoid giving the impression that my parents mis-represented themselves with non-immigration intent at port of entry?
4) Given their experience with port of entry this time, I am concerned that they won't be able to come for a 90+ day plan next time, which throws a wrench in my plan to adjust their status in the US. How long of a travel intent is "safe" for their next trip on B1/B2 visa?
5) Do you know what is this potential B1/B2 visa abuse candidates list that the POE officer was talking about and what are the repercussions of being on this list?