B1/B2 Extention as Guardian

J

JIMM56

Registered Users (C)
Hi Experts

Here's a scenario on which I need some clarification to remain within the purview of the usa visitation laws.

We are a indian couple & have 2 kids who are american citizens by birth aged 18 & 16, who have been living & studying outside of USA, although we have been visiting the usa practically every alternate year.

I intend admitting the kids to continue their schooling in the US by staying with my brother (a us citizen).

My son (16years) has been diagnosed as a 'dyslexic'

(a) Would the medical condition of my son be sufficient grounds for his mother to visit the usa & extend her stay officially? as a guardian, over & above the 6months (presumably) which will be granted to her at time of entry??

(b) If she is granted an extension & she exits the usa in compliance with the extended period, will she be eligible to turnaround & re-visit the usa, with the same legitimate reason (ie dyslexic child's parent) within a month or so of exiting??

My wife will not be seeking employment when in the US, & both she & the kids will be financially supported by me with funds from abroad (out of usa)

Appreciating any inputs & comments from knowledgable boarders. or boarders who have had similar experiences.
 
regardless of the reason, she can not stay continuously in the USA. the child could be "treated" in India and why is it "diagnosed" so late?

The visitor visa is for short visits, spanned throughout the year. 6 months stay, plus extension, then leave for a couple of days and come back is abuse of the visitor visa and nothing guarantees entry. Most likely the officer will cancel her visa and send it back.

Being dyslexic is not "a big emergency" that would even grant her an extension.
 
Please re-read the question. The issue is NOT about 'why' & 'if' there was a late diagnosis or the condition can be treated anywhere in the world!! or that dyslexia is a big 'emergency'. It is a existing condition & the decision to school them in the US despite that condition is not in question.

She is NOT seeking continuous stay, but intends to stay within the legally permitted period at time of entry., and any legally extended period., as a parent/guardian within the scope of the legally permitted time.

The questions were
(a) would the medical condition be sufficient grounds to apply for an extension., when in the US, and
(b) if there would be any time limitations for her to re-visit & enter the US after exiting the US within the legally permitted stay, with the valid reason of the 'dsylexic' condition of the child.

When responding, please bear in mind that the child is a US Citizen.

Thanks
 
Dyslexia is a learning disability. Although dyslexia is the result of a neurological difference, it is not an intellectual disability.
It is not a condition that requires a care-taker in any form or shape. Even if it did, a US resident can perform those duties. In the US, researchers estimate the prevalence of dyslexia to range from five to nine percent of school-aged children, though some have put the figure as high as 17 percent.


JIMM56 said:
My son (16years) has been diagnosed as a 'dyslexic'
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Thanks TC for spelling out the wikipedia for dyslexia.
Being a parent of a dyslexic, you will appreciate that I would have long since researched the topic, including the statistics.

However, my questions are clearly outlined, & very specifically 'immigration' related, & hopefully I will receive a specific 'immigration' related clarification reply/input from a boarder

Triple Citizen said:
Dyslexia is a learning disability. Although dyslexia is the result of a neurological difference, it is not an intellectual disability.
It is not a condition that requires a care-taker in any form or shape. Even if it did, a US resident can perform those duties. In the US, researchers estimate the prevalence of dyslexia to range from five to nine percent of school-aged children, though some have put the figure as high as 17 percent.
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There is no specific MEDICAL treatment for dyslexia. At 16 a youth with the supervision of his guardian should be mature enough to handle the demands of any accomodations specified by the school district with minimal supervision.

A guardian should be willing and able to handle the additional responsibilities - what few there are - or you need to reconsider to whom you are entrusting the care of the 16 year old.

Quite frankly, you seem to be using this relatively minor condition as an excuse for a parent to live in the US with her children when there is no other visa status or legal way for her to do so otherwise.

Once the child reached the age of 18, that excuse would no longer be valid anyway since 18 is the legal age of majority.

I also see her entrance to supervise her US citizen child as a reason for the IO to deny or limit entry as it is counter to the requirement that the visit be temporary and the visitor have ties to her home country and be likely to return. Having a minor child living in the US - not with the other parent - can be viewed as a good reason to overstay and violate the terms of the visa.
 
Thanks Concerned4us.
You are quite right, this excuse is precisely with this intent, & I wanted to know how well this reason will stand for an extension of stay in the US (with financial support from out of the US) & if it would permit repeated re-entry at frequent intervals.
Quite frankly, you seem to be using this relatively minor condition as an excuse for a parent to live in the US with her children when there is no other visa status or legal way for her to do so otherwise.
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While this reason is for frequent re-entry, she certainly has several strong reasons for return to her home country frequently, & will ensure that any stay in the US will be within the confines of the legal stay permitted.
I also see her entrance to supervise her US citizen child as a reason for the IO to deny or limit entry as it is counter to the requirement that the visit be temporary and the visitor have ties to her home country and be likely to return.
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You have a valid point here!! Thanks for your insight
Having a minor child living in the US - not with the other parent - can be viewed as a good reason to overstay and violate the terms of the visa.
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(a) I seriously doubt it. Your son is a US citizen. He has every right to live in the US. Now if had a condition that needed 24 hour caretaking, even then your idea would not work. Two reasons, firstly Dyslexia does not fall into that category. Secondly, even if it did, USCIS would argue that a US resident perform those duties, preferably a professional in the field.
(b) See above

JIMM56 said:
(a) Would the medical condition of my son be sufficient grounds for his mother to visit the usa & extend her stay officially? as a guardian, over & above the 6months (presumably) which will be granted to her at time of entry??

(b) If she is granted an extension & she exits the usa in compliance with the extended period, will she be eligible to turnaround & re-visit the usa, with the same legitimate reason (ie dyslexic child's parent) within a month or so of exiting??

My wife will not be seeking employment when in the US, & both she & the kids will be financially supported by me with funds from abroad (out of usa)

Appreciating any inputs & comments from knowledgable boarders. or boarders who have had similar experiences.
Click to expand...
 
Thanks TC for hitting the nail on the head!!
Absolutely valid argument!! re (a)

wrt (b) could you hazard a guess as to what would be a reasonable time to turn around & return back to the USA after exiting from a legitimate stay within the permitted duration of 'stay' originally given at POE?? Thanks

Triple Citizen said:
(a) I seriously doubt it. Your son is a US citizen. He has every right to live in the US. Now if had a condition that needed 24 hour caretaking, even then your idea would not work. Two reasons, firstly Dyslexia does not fall into that category. Secondly, even if it did, USCIS would argue that a US resident perform those duties, preferably a professional in the field.
(b) See above
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I guess any question of a long term or permanent stay in the US will have to be after the kids reach 21 & are eligible to sponsor the parent/s!

BTW, I just visited your homepage, & I must say the she!!!!!!!!!!!!! is very beautiful indeed!!!!..... NO DOUBTS!!!
 
No visitor should ever spend more than 6 months in the US in any 12 month rolling window.

JIMM56 said:
wrt (b) could you hazard a guess as to what would be a reasonable time to turn around & return back to the USA after exiting from a legitimate stay within the permitted duration of 'stay' originally given at POE??
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I suggest that your child's guardian arrange for professional tutoring at one of the well recognized companies in addition to whatever support he receives at school. This should compensate for mom being unavailable to tutor child.

You may not know that the process for evaluation of students for special education services is tedious and, depending on the school location, has a significant (could be as much as a year in some locations) waiting period for the required evaluation testing. It is doubtful that they would accept foreign records for qualification. Not all children with disabilities qualify for services as the criteria is quite strict. Many private schools will not admit students requiring special services. Your choice of guardian needs to investigate this with the school district your child would attend. It is quite possible that your child would be expected to function without services until such time as the IEP (individual education plan) could be implemented.

As the mother of a learning disabled, special education student who is now an adult, I can tell you that there is a stigma attached to being a special education student in high school. This will be doubly hard for a student new to the district as he would not have the support system in place from previous years.
 
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