2 Soft LUDs on my mom's B2 - I539 case in the last 2 days

Belacut,
You are not the only one to think along the same lines, but paying taxes has no part in rectifying immigration related blemishes. Your mother was a visitor to the US. She was granted a fixed amount of stay upon entry. She decided to stay beyond that. She had to present justification for her request for extension of stay. She did, but that did not result in an approval. You being here for 5 years or paying federal/state taxes plays no part, and shouldn't. I know it is easier said than done but it is in your mother's best interests that she departs in a timely fashion.
Out of sheer curiosity, what was the extension justification?
 
Belacut
A visitor DOES NOT have RIGHTS, only previledges. That visitor needs to honor the previledge and abide by the rules. A visitor is a person who comes and leaves, not start living. This is analogous to how you expect a guest (or a visitor) to be in your house. What will you do if you find that the guest starts abusing the previledges and does'nt leave your house within a reasonable time? I bet you will be call the police and forcefully throw him out.
 
Chennai_123,

Granted, people are just visitors from the US stand point of view. But from the in-process immigrants points of view, they are RELATIVES and are part of the family. Here the question is, what does US loose by sanctioning more time for those who abide and follow the law? Immigrants are already facing a lot many problems like H4s can't work, less choices on their career. Even after helping the US economy, can't US give them back little support of giving chance of having parents in home so that grand-children will have quality time with their grand-parents?

Agreed, 6 months time is good. But for some, more and more of their children are in-process of immigration, the 6 months is broken down accordingly. Given the effort to fly and their age limitations, every one wants to spend the time with their families when they eventually flew.

When the immigrant has his own family, works and schools, its not easy for them to go to their parents.

I sincerely feel that US should be more lenient with extensions and should be more stiffer with law brakers.
 
FunLover2000 said:
Chennai_123,

Granted, people are just visitors from the US stand point of view. But from the in-process immigrants points of view, they are RELATIVES and are part of the family. Here the question is, what does US loose by sanctioning more time for those who abide and follow the law? Immigrants are already facing a lot many problems like H4s can't work, less choices on their career. Even after helping the US economy, can't US give them back little support of giving chance of having parents in home so that grand-children will have quality time with their grand-parents?

Agreed, 6 months time is good. But for some, more and more of their children are in-process of immigration, the 6 months is broken down accordingly. Given the effort to fly and their age limitations, every one wants to spend the time with their families when they eventually flew.

When the immigrant has his own family, works and schools, its not easy for them to go to their parents.

I sincerely feel that US should be more lenient with extensions and should be more stiffer with law brakers.
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Some extensions are justifiable, but when so many people try to "abuse" the system with frivolous extensions, then things become harder for all of us.

Still, we are all seeking benefits and privileges, not rights... we have the right to move back to our home country and live there, if we want our children to spend more time with their grandparents... nobody force us to go through immigration processes.
 
FunLover2000 said:
Chennai_123,

Granted, people are just visitors from the US stand point of view. But from the in-process immigrants points of view, they are RELATIVES and are part of the family. Here the question is, what does US loose by sanctioning more time for those who abide and follow the law? Immigrants are already facing a lot many problems like H4s can't work, less choices on their career. Even after helping the US economy, can't US give them back little support of giving chance of having parents in home so that grand-children will have quality time with their grand-parents?

Agreed, 6 months time is good. But for some, more and more of their children are in-process of immigration, the 6 months is broken down accordingly. Given the effort to fly and their age limitations, every one wants to spend the time with their families when they eventually flew.

When the immigrant has his own family, works and schools, its not easy for them to go to their parents.

I sincerely feel that US should be more lenient with extensions and should be more stiffer with law brakers.
Click to expand...

Funlover
Let me clarify a couple of points here.

1. A vistor's stay is temporary. He / she needs to spend more time in the home country than in the U.S. When this visa applicant went to the consulate for the visa, this person sworns to the VOs that he/she will return back before the authorized stay expires. THe applicant better be true to his words.
2. Your justification for an extension based on the reason "that grand-parents would like to spend more time > 6 months" is just B.S. In most cases the underlying reason for an extension is
(1) Baby sitting
(2) House-keeping.

And these are considered work as per USCIS and in the U.S you can find very good day-care and cleaning facilities.

3. Applicants who file these frivolous extensions are not only jeopardizing their visas, but all other genuine visa applicants. Most genuine visa applicants (incl grandparents) who would like to spend a short stay 3-4 months get their visa applicants denied bcos of the ABUSE by those who got their visas.

4. You said 6 months is not enough in some cases. The only case when 6 months is not enough is if there are circumstances beyond one's control. Almost every country in the world restricts visitors to a max of 3 months. Visitors and their families better be grateful that you have a 10 year visa and can spend 6 months in the U.S for most cases.

5. Regarding your comments that non-immigrants face restrictions on working etc (h-4 cannot work etc). You need to understand that you left your home country in search of a better life / money / career. These are restrictions that you should have known about. No-one forced you to incur this mess.

6. Lastly i am of the opinion that US should crack down heavily on the "VISA ABUSERS", allow extensions only if there are justified reasons instead of lame duck reasons. This would allow a lot more genuine visitors and would help the US economy even more.
 
Cultures are little different. We have both of our kids born in India. I not only have my parents, my in-laws and many more at the time of birth and subsequesnt times too. Its a pleasure and danger at the time of birth. Having near and dear at the time helps a lot. Today morning only I get to know one lady passed after delivering a baby due to her heart expansion. I didn't remember the medical name but it could happen 1 in 3000.

Well, I also know people who wants baby sitting/house-keeping and bring ONLY ONE parent to save the flight costs leaving other parent all alone and obviously I am no supporter for that. But on the other hand, even H4 who can't work, delivering a baby calls and looks for the support of parents. Its a more of an emotional and human values issue rather financial issue.

In my case, despite my parents made 3 visits they could stay with us only for 3 months (my brothers and sisters do compete with me ). My kids nicely picked up the mother tongue and they love them as they can engage them 24 hours! When we go to India, we have to roam from place to place to meet many within short span of time and they never got good time to spend.

My wish is simple. US opened up H1Bs and quotas increased, when they really needed manpower to help the US economy. People started migrating for better oppurtunities. Please do considerate the wishes of those in-process immigrants who lost a lot in the long-long immigration process. Be lenient with family relationships. But be strong with law-brakers/abusers.
 
FunLover2000 said:
Cultures are little different. We have both of our kids born in India. I not only have my parents, my in-laws and many more at the time of birth and subsequesnt times too. Its a pleasure and danger at the time of birth. Having near and dear at the time helps a lot. Today morning only I get to know one lady passed after delivering a baby due to her heart expansion. I didn't remember the medical name but it could happen 1 in 3000.

Well, I also know people who wants baby sitting/house-keeping and bring ONLY ONE parent to save the flight costs leaving other parent all alone and obviously I am no supporter for that. But on the other hand, even H4 who can't work, delivering a baby calls and looks for the support of parents. Its a more of an emotional and human values issue rather financial issue. .
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Don't mix culture and immigration laws. They are completely different. What is OK for culture is not true for immigration. Immigration laws are created according to a country's needs and wants rather than trying to accomodate all cultural sensitivities.

Having dear ones always helps, i am not denying that. The issue here is why is 6 months of stay not enough? If a person misses a dear one so badly and needs to spend more than 6 months, he/she needs to go back to their home country.

In my case, despite my parents made 3 visits they could stay with us only for 3 months (my brothers and sisters do compete with me ). My kids nicely picked up the mother tongue and they love them as they can engage them 24 hours! When we go to India, we have to roam from place to place to meet many within short span of time and they never got good time to spend. .
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You will have to blame yourself for it. You and your brothers came here for better life and money. It is as simple as that. As per a U.S govt's view a visitor is just a temporary person and he/she needs to spend bulk of their time in their home country. Just think as what you expect a visitor to be if it were your house? If you miss your parents so much, there is always an option to go back to your home country. You can do that..:rolleyes:

My wish is simple. US opened up H1Bs and quotas increased, when they really needed manpower to help the US economy. People started migrating for better oppurtunities. Please do considerate the wishes of those in-process immigrants who lost a lot in the long-long immigration process. Be lenient with family relationships. But be strong with law-brakers/abusers.
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Again a country laws are framed based on its needs and wants and it only needs to be acceptable to its citizens. People migrated voluntarily for their own selfish desires. No one forced you to migrate. Nothing comes for free. Remember newton's third law, "EVERY ACTION HAS AN EQUAL AND OPPOSITE REACTION"? It is universally TRUE. You will have to give up something to get something.

If you have lost so much why are you still in this country? If I were you and i felt that i lost too much , i would go back.
 
PraetorianXI said:
Some extensions are justifiable, but when so many people try to "abuse" the system with frivolous extensions, then things become harder for all of us.

Still, we are all seeking benefits and privileges, not rights... we have the right to move back to our home country and live there, if we want our children to spend more time with their grandparents... nobody force us to go through immigration processes.
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Well, again, thanks for your words of wisdom. I hope you are not an indian becaz if you are, you are really offended your own brothers... take a look at those published stat and you know how many indians are imported to US as IT professional. Does it look like the abuse to the system to you? And does it make it harder for everyone?

I am not an Indian nor in those special queues. I don't believe any of those brothers are abusing the system and make it worst for everyone especially for ROW. But, the process sucks or use my own word... f--k the process.

Nothing personally. Just my own feeling about this process and I bet most of those suffered souls felt the same.
So, don't act like a judge and telling me UNJUSTIFIED EXTENSION = JUSTIFED DENIAL. I didn't invite you for your opinion and if you have nothing better to say then don't.

What makes it justified? As US Econ is about in a down turn, do you want more tourist to spend more "other currency" to the states? So, another 6 months of here in US could turn into 6000.00. Think about if there are 100000 people seeking an extension, the # coule be HUGE! Does it make it more appealing to you now? Will this lead to a illegal immigrats situation? You bet.... if the people has intention to overstay, no matter what is the outcome, if they can admit to the US, they will be overstay here anyway?!!!!!!!
 
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Leniency is a relative term. My father, grandfather, great-grandfather, and generations before him were all born in Old Delhi. The Indian consulate in Chicago took 22 months to issue me a visit visa to see the house that my grandfather built (and it still stands) in Old Delhi. Just to visit the city where my father spent his childhood, I had to wait nearly two years for a 7 day visit. I took it in my stride and still thank the government of India for granting me that benefit since I had no right to it.

FunLover2000 said:
I sincerely feel that US should be more lenient with extensions and should be more stiffer with law brakers.
Click to expand...
 
Despite the fact that I am from India, I have no idea about Indian immigration except that it is extremely difficult.

But I am under impression that India is after 'foreign tourists' for its wanted booming tourism. Really surprised to know 2 years wait for the tourist visa.

If the reciprocate is the base, then surely no Indians are allowed in USA! My insane reasoning is that, as already India is overflowing man-power it doesn't allow immigration. Where as USA does need qualified man-power and hence its CURRENT immigration policies. Though, relatives of those immigrants are special visitors (Not 100% tourists), they are currently treated at par as tourists.

I know there are bigger problems with immigration which need to be resolved first (No country quota for H1B but for GC, enormous processing times, Why the visa dates need to be current to apply for the I-485, why family members need to be counted against GC quota alone not H1B, why H4s can't work?).

The problem which I am after is relatively small, extensions of already generous visitor policy. But its still a problem. I heard VISA denials for those who want to attend the birth of child, for the incorrect perception that they will take away an American job. Common, H4s can't work..they won't employ a nanny any way!

I recently heard a case that an extension is sanctioned to a parent, where they stated the reason is BIRTH. It seems the lawyer drafted a letter with words

'Our second daughter meanwhile has been in the family way for the first time too and she is expecting to deliver the baby during the first week or the second week of Month, Year (Please find enclosed her physician’s letter). My husband has very urgent matters to attend to in India and hence is leaving on the Month, Year. I would love to assist my daughter during this crucial period of childbirth and witness the miracle again. '

So, its again could be the way the USCIS works. Its all subjective.
 
very interesting comments indeed. All I would like to humbly add is that - the US has a choice and they are exercising it via the current process of immigration, or lack thereof. Everyone living in the US and wanting a life in the US has made a choice. When you make a choice, there are repercussions. Emotions have never made way with the law except the belief that "child needs more of the mother". Step up, face it. US has dished it, every individual wanting to immigrate has made a choice to take it - including me. :)
 
Calabor2001,
Nice post. I totally agree with you. We as individuals made the decision to settle in the US as immigrants. Thus we need to be able to handle all hurdles that stand in our way. Separation from our spouses, parents not given visas to visit us, etc are part of the price one needs to pay. There is no compulsion. If such terms are unacceptable or unbearable, leave. The US has no exit control.
 
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