Pls Help-Parents visit to US

pjsiva1

Registered Users (C)
Hi All,

Can anybody pls help me regarding visitor visa.

My Parents got Visitor visa (10yr M entry) in the month of May. We would like to bring them to US on June month ending. My husband is the sponsor and his H1B visa is going to expire on Sep30th, 2007(we have one more extension for 3 years).

I am confusing with the following questions. Pls clarify it.

1. Can I book the tickets (round trip) to my parents for 6 months? Or Do I need to book the tickets for only 3 months (until Sep) as my husband visa will be expires on sep30th 2007.
2. At port of entry will they ask my parents to show sponsor’s (my husband) H1B copy and visa?
3. My husband not at applies for extension of his H1. If he applied for extension in the month of July can we extend my parents visitor visa-in the case of 3 months?
4. At Port of entry will they ask to show the return tickets of my parents? If I booked the tickets for 6 months will they face any problem at POE.
5. Can I book the return tickets to my parents as open(anytime they will return to India within 6 months)?

Pls clarify my doubts. I really appreciate all your help. Thanks.
Jyothi
 
Jyothi,
B-2 visas do not have/need a sponsor. Friends/family can (and do) send documents to show financial backing for an applicant, but they are still not "sponsors" for the visa like K-1, H-1B, J-1 visas need. An individual qualifies on his/her own for a B-2 visa. Now that your parents have their visas, they can approach a POE and request entry. How long they get it for depends on the POE inspector. Your husband's H-1B status and its expiry/renewal is not a variable. Enjoy your folks' visit.
 
Jyothi,
B-2 visas do not have/need a sponsor. Friends/family can (and do) send documents to show financial backing for an applicant, but they are still not "sponsors" for the visa like K-1, H-1B, J-1 visas need. An individual qualifies on his/her own for a B-2 visa. Now that your parents have their visas, they can approach a POE and request entry. How long they get it for depends on the POE inspector. Your husband's H-1B status and its expiry/renewal is not a variable. Enjoy your folks' visit.

With all due respect, B2 visas do need to have a "sponsor" to prove that they won't be a public charge. However, the sponsor could be "self" or any other party - be it a person(s) or an organization (corporations included). This kind of "sponsor"ship is different from those required by the visas you mentioned or even for GC.

In this case, if Jyothi's husband had provided the I-134 for the visitor visa paperwork, his status is indirectly related to their entry into and stay granted.
Am not saying that the POE inspector will definitely ask/definitely not ask for proof of his continued legal status. Had it been a self-sponsored (defined from above para) this would not have mattered. One can argue though that the I-34 was submitted to the US consulate (part of the the US DOS) while the POE falls under CBP of the US DHS and hence not available to the POE inspector.

There is nothing stopping the POE inspector from asking questions about who sponsored the visa app, proof of their status in the US. Remember, they have a lot of leeway and Triple_Citizen, as you might already know, the authority to refuse entry even to a Permanent Resident.

If asked, there is no harm (and not untruth either) in saying that the H1-B extension is underway or something.

A case in point, I was once stopped by Customs and asked what was in the bags. When I replied clothes, cookies etc. he asked me if I had my business card on me. When I reached out for my wallet to get one out, he stopped me midway saying it was okay and I could move on. Not sure what a business card has anything to do with Customs. I guess they were just trying to ascertain the truth in my statements by testing my confidence levels.

So, not sounding any panic alarms but it never hurts to be extra careful.
 
Thanks for the meaningful post. We both essentially agree on the concept. Only difference is, I want to totally avoid using the word "sponsor" and you want to use it in a different light :)
Just to let you know, a POE inspector cannot refuse entry to a permanent resident the same way a non-immigrant can be denied entry. If the PR holder claims his/her status is intact, he/she has the right to see an immigration judge who will then make that determination. Such a hearing is not available to a denied non-immigrant.

There is nothing stopping the POE inspector from asking questions about who sponsored the visa app, proof of their status in the US. Remember, they have a lot of leeway and Triple_Citizen, as you might already know, the authority to refuse entry even to a Permanent Resident.
 
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