Can parents come back within three months

D

dhirendra_sh

Registered Users (C)
Hi,

I don't know under what section to post this question so i posting in here.

I am under the impression that on visitor visa, parents can stay for a max of six months (I-94 dates to be precise) and then stay out for six months before coming back again.


Our parents are leaving for india in third week of this month.Can they come in third week of Jan/09 i.e within 3 months ?



Thanks
 
If they have stayed for 6 months in USA, then, they should stay in India for more than 6 months to come again to USA; otherwise, they will be considered as 'living' instead of visiting USA and will be questioned at POE when they come next. Also, they will only be given a short stay instead of full 6 months.
 
Well from the timeline it really seems like they are visiting India right now whereas they actually live in the US.
 
Hi ,
Thanks for everyone's response ! Our parents are on B-2 tourist visa.They are here for six months and will be returning in third week of this month.

From the discussion above, it appears it is not a good idea for them to come back in Jan. They will have to stay for over six months in India.

Thanks again !
 
canadians face this isue from time to time (they don't need visas, of course, but they do enter on B2).

The principle they must adhere to is foreign TIES. They must have available a place to live in a foreign country. They do not have to stay or return to that place any set time. This applies even to people that have a full-fledged place to live in US (like thousands of Canadian smowbirds). So it certainly applies to parents who go and stay with thier kids in US.

So, as long as your parents can satisfy the foreign ties criteria, they can stay as long and as often as they wish on consecutive I-94s. In fact, once in US, they can extend their I-94s (once -- for upto six months) by filing an I-539.

They can leave, go to canada/Mexico/bahamas/wherever for the day and come back with a fresh six months -- as long as they satisfy the CBP officer that they have a foreign home and have a visa with sufficient validity left on it.
 
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