Mother warned by Immigration Officer

K

kartheg2

Registered Users (C)
I have a GC. I brought my mother to the US with me in Aug 2002. Later submitted for extension until June 12th 2003. Extension was approved. She returned one week before the date.

I returned home and brought her with me to the US on July 12th 2003. Submitted for extension until June 13th 2004. She left on June 6th before we received the response. Later received approval until July 12th 2004. I checked her application & don’t know why they gave her an extra month.

I returned home and brought her with me again in July 17th 2004 through Atlanta. This time we were sent to the Orange immigration counter and the officer asked me “Do u know why u were sent here?”. I said “No”. She said “Your mother is living here in the US on B visa. She should not be living here; she should apply for permanent residency”. She however stamped the I-94 for 6 months

I don’t understand how my mother would qualify for residency. She must be ignorant. I also don’t understand why INS is approving her extension if they think she is living here. That too extended longer than requested.

This time I am not extending her Visa. I will be eligible for citizenship in Nov 2006 and don’t wish to jeopardize her opportunity for GC.

:confused:
 
for last two years ur mom has been living here almost continously except for few days gaps. This is not allowed on visitor visa. as for the last extension, well the normal extensions are for 6 mths each, thats why u got a month extra. Visitor visa is for temporary stay.

Now be careful next time she can be denied entry in the country even if she has a valid visa and her visa could be cancelled, as she seems to be abusing her visa.

As for residency issue the POE officer rightfullt suggested that its better that she apply for PR as that is what her intention is, if she is not eligible now she wil;l have to wait.

A lot of people do 6 mths here and 6 mths back home just to avoid this situation.
You should be thankful to the POE officer for not sending ur mom back.
 
The officer is not the one who is ignorant....

You have to read between the lines and interpret what the officer said to you in a very subtle way. All that she meant was, you do this one more time and you will refused entry into the US. So better send her back even before 6 months and stay quiet for a year before getting her again. That will be the only way to prove that she is not living here and her 2 extensions in quick succession were just a coincidence and not pre-planned. Keep her immigration records clean so that you do not have problems in getting her GC when you become eligible.
 
Okay,

Thank u for all your advise but I don't think I need the fatherly advise from anyone. I am fully aware that there are risks & consequences. This forum clearly says "Living in US in B Visa.......". and thats what many are posting here. If my mother wasn't abusing her Visa, I wouldn't be posting anything here. The objective was to share my experiences so that others can benefit.

B Visas usually get canceled if the individual carried out illegal activity, committed crime, be employed, provide false information to the officer, overstayed and similar situations. Otherwise the worst that can happen is refusal of Entry, short term stay, not extending the stay etc.

I know an individual who sent his parents to Canada and when they returned after a few days, the immigration officer stamped up to the date of the previous stamping & only got 2 weeks stay in the US. His parents were told they would only stamp 6 months if they went back to either their country of residence or to the country the Visa was obtained & then entered the US. They did not cancell their Visa or refused entry. I also know of another friend who had been living in the US for many years with B Visa with her 3 school going children. On one of her returns she overstayed by one day and left the US leaving her children in US. When she returned back in LAX, she was refused entry and was told she would be allowed back into US after 3 years. They did not cancel her Visa. The fate of her belongings & children is a long story.

My mother is old & partialy disabled. The hospitals in the US said she wouldn't live long. She is here because there isn't any other family member willing to take care of her. It is a burden for me to have her here. Its just hope that she would still be alive for her GC. But thats not relevant to my posting.

My question was why does INS approve her extension. Why don't they express their disapproval by not approving her extension ?.
She only got her extension up to the date requested the first time and so that does not explain why they gave the second extension longer than requested.
 
Don't get upset

kartheg2,

no reason to get upset.

what want2knowmore and waitin_toolong are telling is correct.

I understand the personal reasons to keep your mother in US. But as per law, that is not the correct use of B2 visa.

Officer told you in a nice and polite way. Officer could have refused entry into US for your mother.


No legal advice. Use at your own risk.
 
And..

And this forum is about 'Living in USA on B2 visa' does NOT mean living all the time. It means staying temporarily as per within legal boundaries of B2 visa.
 
The officer is being nice, I would have sent your mother home for living here and I would also cancel her visa.
 
kartheg2,

My full sympathy with you as same situation occurred to my parents when they entered on a B2 visa (10 year) at the Atlanta airport..

here is what happend..

(1) My parents came to U.S. 1st time in Aug 2000 (having 10 year B2 visa).
(2) Stayed here for a year with the approved extension and left U.S in Aug 2001 before 1 week of I-94 expiry dates.
(3) They came to U.S. 2nd time in AUG 2004 at the Atlanta airport.
(4) Immg. officer told my parents that we won't allow entry into U.S. and you have to return back since officer don't see any record of my parents approved extension in his system/computer. Unfortunatly, my parents also forgot to bring copy of approved extension and another problem was a language issue. Immg. officer was checking everywhere in his system and kept my parents for 2 hours and we were worried outside the airport. Luckly, my father showed label they put on their handbang with the my home phone no and cell no. written..Officer tryed contacting my home no. and we all were at the airport. My cell. no. was of NJ and finally he called at my cell. no. He informed me about the situation and saying that I allowed your parents to the U.S. Then I got mad on him and blasted him from left to right and I threatend him that you will be in trouble, if you will send my parents back for the lack of immigration record and fault of INS. Then he asked me do you have extension approval noticed? and I said not with me but have it at home..he said how far is your home and how long will it take to get it..I said one hour since it was heavy rush our traffic time. He said I can't wait and then again I got mad on him (since I was made on INS since same day morning I had an I-485 interview at INS - ATL office and they approve our GC but pending due to security check and their system was down that day) and told him that you do whatever you want to do but I wants my parents into U.S. Then officer asked my parents how long you want to live in U.S. and my father told for about 4 months and he stamped the stay for 6 months and allowed entry..Other time parents of my friend came to U.S at the ATL airport and got only 4 months stamp even they told officer that they are planing to stay for 6 months...

Dear kartheg2, so don't worry..you are not doing any thing wrong here and not breaking any rule..there is no term of misuse of B2 visa here..you are doing every thing lawfully..
Please send me a Private message and I would like to talk to you to get some more information from you. I am also sending you a private message, so please reply it..

Thank you and hope and prey to god for well being of you mother and will live longer with you..

All the best!


kartheg2 said:
Okay,

Thank u for all your advise but I don't think I need the fatherly advise from anyone. I am fully aware that there are risks & consequences. This forum clearly says "Living in US in B Visa.......". and thats what many are posting here. If my mother wasn't abusing her Visa, I wouldn't be posting anything here. The objective was to share my experiences so that others can benefit.

B Visas usually get canceled if the individual carried out illegal activity, committed crime, be employed, provide false information to the officer, overstayed and similar situations. Otherwise the worst that can happen is refusal of Entry, short term stay, not extending the stay etc.

I know an individual who sent his parents to Canada and when they returned after a few days, the immigration officer stamped up to the date of the previous stamping & only got 2 weeks stay in the US. His parents were told they would only stamp 6 months if they went back to either their country of residence or to the country the Visa was obtained & then entered the US. They did not cancell their Visa or refused entry. I also know of another friend who had been living in the US for many years with B Visa with her 3 school going children. On one of her returns she overstayed by one day and left the US leaving her children in US. When she returned back in LAX, she was refused entry and was told she would be allowed back into US after 3 years. They did not cancel her Visa. The fate of her belongings & children is a long story.

My mother is old & partialy disabled. The hospitals in the US said she wouldn't live long. She is here because there isn't any other family member willing to take care of her. It is a burden for me to have her here. Its just hope that she would still be alive for her GC. But thats not relevant to my posting.

My question was why does INS approve her extension. Why don't they express their disapproval by not approving her extension ?.
She only got her extension up to the date requested the first time and so that does not explain why they gave the second extension longer than requested.
Click to expand...
 
I agree. You are doing everything within the law. At the same time you
are ready to take risks. By doing so, you could take care of your mother.
I think you have done a great job and god will take care of you.

random.
 
kartheg2, listen, your mother has been living here in the USA since Aug 2002. A B2 visa is meant for a tourist. If your spend more time in any country then your own then you are living there. Remember the burden of proof is on the arriving alien. You must be able to overcome the burden of an intending immigrant. Do not listen to "feb6361", he thinks that yelling at the officers is a way to get his point across. If the officer sent his mother home that day, the officer will not get in trouble because the officer did everything he was to do. The officer has no requirements to called the arriving alien' s family.
You know you mother should not be living in the USA and you know it is wrong. Remember, nothing is free, everything has a price. Some ports have no flights on the same day and the alien will need to spend a night or two in jail until the next flight is available. Do you want your mother in jail for a night????
 
Dear rocky7,

Please don't scar people here, who are doing best possible things for a noble cause like kartheg2 doing for own mother. This is the best noble cause among others and kartheg2 is doing it best possible way with out breaking or misusing any laws.

First of all, kartheg2's mother is technically not living here in the USA since Aug 2002 plus her extension also approved both the times.
Also, please provide any fact or USCIS regulation to validate your statement "If your spend more time in any country then your own then you are living there. Remember the burden of proof is on the arriving alien".
Also, please provide any other visa categories had used to bring a mother to U.S. lawfully if you are not a U.S citizen.

Now, let me ask you following questions here:

(1) Do you know the purpose of B-2 visa?
(2) What kind of authority an immigration officer at the POE?
(3) What is the current problem with the immigration officers at the POE?

Please educate your self fully going into the USCIS website and than after please scar people like kartheg2 and make a fact statements such as "The officer has no requirements to called the arriving alien' s family".

Let me provide you here some educations/tips:

(1) “Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay or an immigrant visa for permanent residence. The visitor visa is a nonimmigrant visa for persons desiring to enter the United States temporarily for business (B-1) or for pleasure or MEDICAL TREATMENT (B-2).”
Sec. 214.2(b) Visitors --
Minimum six month admissions. Any B - 2 visitor who is found otherwise admissible and is issued a Form I - 94, will be admitted for a minimum period of six months, regardless of whether less time is requested, provided, that any required passport is valid as specified in section 212(a)(26) of the Act. Exceptions to the minimum six month admission may be made only in individual cases upon the specific approval of the district director for GOOD CAUSE.

(2) What kind of authority an immigration officer at the POE?

From cbp.gov website:

Please keep in mind that CBP inspects hundreds of travelers a day and does not keep a running list of every person they encounter. If your relative or friend was in fact detained by CBP for questioning or for violating CBP regulations, they will be given AN OPPORTUNITY TO CONTACT SOMEONE, particularly if their detention lasts FOR MORE THAN TWO HOURS.

If your friend/relative is being denied entry and you have been contacted about this decision, please be aware that such decisions are rarely recinded. The most common problem is the fact that the visitor has previously over-stayed a visa, in which case re-entry into the U.S. is not allowed. If you believe there are mitigating circumstances that should be considered, you may either contact the port director or the Office of the Trade Representative 202-927-1440 to discuss the situation.

(3) Currently, there are many Immigration officers are unaware of the immigration laws and rights since some of them were transferred from other department or hired newly. This has been told by one of the retired Immigration director (who is now serving in a law firm in ATLANTA) and he recommended to every one during one of the town hall meeting that you should refuse to leave the POE even they put you into a detention center since immigration officer has authority to deny the entry but no power to send them back with out giving an opportunity to contact someone base on above rule specified above. He recommended to contact/hire any good lawyer to even fight your denial if your case is genuine.

rocky7 said:
kartheg2, listen, your mother has been living here in the USA since Aug 2002. A B2 visa is meant for a tourist. If your spend more time in any country then your own then you are living there. Remember the burden of proof is on the arriving alien. You must be able to overcome the burden of an intending immigrant. Do not listen to "feb6361", he thinks that yelling at the officers is a way to get his point across. If the officer sent his mother home that day, the officer will not get in trouble because the officer did everything he was to do. The officer has no requirements to called the arriving alien' s family.
You know you mother should not be living in the USA and you know it is wrong. Remember, nothing is free, everything has a price. Some ports have no flights on the same day and the alien will need to spend a night or two in jail until the next flight is available. Do you want your mother in jail for a night????
Click to expand...
 
feb6361; First off, I am not here to scare you or anyone else.
Second, how can you say that kartheg2's mother is technically not living here in the USA? She spend two years here in the USA. Do you go any where for vacation, I mean vacation as in not your home country where you came from. A place like Las Vegas and etc. How long do you stay there for? Do you go on vacation for 2 years??
Third, there are no visas for you to live in the USA. There are visas for you to work in the USA, H1b, L1 and etc. If you want to live here, you have to immigrant. kartheg2's mother can do that by having her son sponsor her to live in the USA as LPR (Green Card). This is the same as a LPR that spends more time in another country then in the USA.

(1) Do you know the purpose of B-2 visa?
It is for a person to be a tourist. What is a tourist???????
"Temporarily for business (B-1) or for pleasure or MEDICAL TREATMENT (B-2).”
The word is TEMPORARILY, have a 10 year multiple entry visa does not mean you can stay for 10 years or spend most of your time here in the USA during those 10 years of the visa.

(2) What kind of authority an immigration officer at the POE?

Qualifying for a Visa
Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:

* The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment;
* They plan to remain for a specific, limited period; and
* They have a residence outside the U.S. as well as other binding ties which will insure their return abroad at the end of the visit.

Alien truck drivers may qualify for admission as B-1 visitors for business to pick up or deliver cargo traveling in the stream of international commerce. Please see How Do I Enter the United States as a Commercial Truck Driver for more information.

Passing through a U.S. Port of Entry
Applicants should be aware that a visa does not guarantee entry into the United States. Immigration authorities have the authority to deny admission, and *****determine the period******* for which the bearer of a visitor visa is authorized to remain in the United States.

At the port of entry, an Immigration official must authorize the traveler's admission to the U.S. At that time the Form I-94, Record of Arrival-Departure, which notes the length of stay permitted, is stamped. Those visitors who wish to stay beyond the time indicated on their Form I-94 must contact the USCIS to request Form I-539, Application to Extend Status. The decision to grant or deny a request for extension of stay is made solely by the USCIS.

(3) What is the current problem with the immigration officers at the POE?
I also do not understand this question? Are you referring to internal problems? We are now Customs and Border Protection Officers.

Quote: Please educate your self fully going into the USCIS website and than after please scar people like kartheg2 and make a fact statements such as "The officer has no requirements to called the arriving alien' s family".
Response: The officer is not required to call someone to get addition info, to process the arriving alein's application for entry to the USA. True, we are now required to notify a friend or family member of the arriving alein if that person has been detained for more then two hours. All we are required to do is to notify the person friend or family member that this person is with CBP. We are not required to debate the situation with thier family, Only to notify.


Quote: (3) Currently, there are many Immigration officers are unaware of the immigration laws and rights since some of them were transferred from other department or hired newly. This has been told by one of the retired Immigration director (who is now serving in a law firm in ATLANTA) and he recommended to every one during one of the town hall meeting that you should refuse to leave the POE even they put you into a detention center since immigration officer has authority to deny the entry but no power to send them back with out giving an opportunity to contact someone base on above rule specified above. He recommended to contact/hire any good lawyer to even fight your denial if your case is genuine.
Responds: We are still operation under the INA, congress has not change the law. The arriving alien has no legal right to contact a lawyer. An arriving alein has no right to legal representation. If an arriving alien is found to be inadmissible, the alien will be returned to his or her last port of departure. The arriving alien has no right to refuse to leave a POE and board the plane. The only time an arriving alien is not returned to his last port of departure is when he claims "fear to return to his country because of it's government". Basically, political asylum. If an arriving alien refuses to board the airplane, he will be put in detention, but this a different then a person who is illegal in the USA. People who are illegally in the USA go through removal procedings (deportation). If you are an arriving alein, you are knocking on the door of the of the USA and the doorman is saying you cannot come in and closes the door on you. If you are illegally in the USA that means you are now in the house and the police will need to come in and get you out. You may get legal representation at no cost to the service. Removal procedings are admin. procedings and not criminal procedings, so you are not intitled to legal representation if you can not pay for it yourself.
 
rocky7,

I am glad that you started educating yourself..but still not enough..

kartheg2's mother is in USA for pleasure or MEDICAL TREATMENT (B-2) purpose as kartheg2 said.

Also, how come than they approved Kartheg2's mother extension both the times?

Also, all 3 following conditions are true in case of Kartheg2's mother means she is technically not living in U.S:

* The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment;
* They plan to remain for a specific, limited period; and
* They have a residence outside the U.S. as well as other binding ties which will insure their return abroad at the end of the visit.

The word TEMPORARILY mean per one trip you can stay only for 6 months or 1 year (TEMPORARILY) as per approval (during POE or extention). That's also true in case of Kartheg2's mother.

Based on your assumption, is that true that a businessman can't come frequently to do business in U.S. if they are holding a 10 year multiple entry visa?

Please don't post your assumption here any more and post any immigration or other law indicating that you can't comback immedialy or you can comback after cetain days to U.S., if you stayed previously using B2 visa.
 
Well, I am basing this from what I do and I have refused entry to arriving alien because they were living here in the USA. I also have taken LPR cards from people who do not live in the USA.

If you are a businessman here on business for two to three years and you spend 95% of your time in the USA you will most likely be refused entry.

Just because you have a visa that is good for 10 years you can spend 8 to 9 years of that here in the USA. When you appl. for a visa in the US Embassy, tell them that you be spending 90% of your time in the USA. If they tell you that is fine, I would be very amazed.

I have been do this for 7 years now and I have a pretty good idea of what I am doing. If you think I am wrong then that is your choice.
 
rocky7,

Now we all know, why USCIS department in mess and having all kinds of issues/troubles and backlogs? Because people like you act smart and make your own decesion with out knowing laws.
 
Well, it appears that you know everything. Well kartheg2 according to feb6361 your mother should just stay as long as she want. She should stay for one year and go home for 1 week and come back for 1 year and keep doing this until her visa expires. It all good!!!!!!!
 
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