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B1 B2 visit - long, legal stays, potential abuse list, and long term issues

Discussion in 'General B Visa and Related Issues' started by DNM, Nov 23, 2017.

  1. DNM

    DNM New Member

    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.


    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?
  2. SusieQQQ

    SusieQQQ Well-Known Member

    You do see the irony of this question....you’re clearly planning exactly what you’re not supposed to be doing (and, basically, asking the forum for advice on how to circumvent the rules). Possibly, you should be more concerned about the questioning your parents are likely to get given their immigration history. For example, if they are outright asked if they plan to stay on the next visit, are they going to tell the truth or are they going to lie to the CBP officer? The former will get them denied entry, the latter can has a nasty habit of coming back to bite.

    I think given this your concern in question 4 about limiting the length of stay is certainly valid, but again you seem to be asking for advice on how to circumvent the rules.

    A simple question: why don’t you just do it the way you are supposed to? Naturalize, file for them, and wait. The officer gave you very sound advice about the route to follow. Perhaps you should follow it?
  3. Sm1smom

    Sm1smom Super Moderator

    What you’re planning to do is considered fraudulent. Entering the US on a NIV with the preconceived intent of status adjustment is fraudulent and an abuse of the NIV. Your parents have practically been living in the US which is not what the B1/B2 visa is meant for.

    When next your parents visit, they most likely will not be granted a six months stay, they’ve been flagged in the system. Your parents should remain outside the US for much longer. After you become a USC, sponsor them and get them processed via CP.
  4. newacct

    newacct Well-Known Member

    There is no period of time they have to wait before filing AOS. AOS for Immediate Relatives cannot be denied based on immigrant intent alone. As long as they didn't lie to an officer at some point, it's not fraud. But at this point, they are likely to be asked about their intent the next time they try to enter, and if they are asked and tell the truth, they are likely to be denied entry.

    Are they in the US now? If so, and they simply don't leave and stay in the US until you become a citizen, they can AOS with no problems, and this would avoid having to try to enter on B2 again.
  5. 1AurCitizen

    1AurCitizen Registered Users (C)

    Rightfully so. Your parents appear close to abusing their B2 status with frequent and lengthy stays in the US. B2 applicants are expected to produce evidence to strong ties to their home country; visits are expected to be of short, temporary duration.

    Your intention to petition them for a GC, and their "living" in the US suggests your parents have little to no ties to their native country. 5.5 months is classic abuse to stay below the radar. Being flagged makes it entirely possible they could be denied entry and put on a flight home on their next B2 POE. Entering on a NIV with intent to Adjust Status is fraudulent. Unlikely, but I hope the US bans AOS from a B2.

    Advice.. have them stay out of the US until you're a USC; then petition them through consular processing through their home country.

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