Re-entry on B2 Visa

[new2new4]

All,
I'm posting this question as I didn't get a clear-cut answer from other similar posts.

My parents have 10 year multiple entry B2 visa.

If they visit US on B2 visa and leave for home country before expiration date on I-94, how early can they come back?
Case (a) - their current visit is 2-3 months
Case (b) - their current visit is almost 6 months

I have been told that if their previous stay is 2-3 months, they can re-enter US anytime (say within a 1-2 months). The previous visit of 2-3 months reflects an intent to return to home country and not immigrate.

If their previous stay was almost 6 months, they should stay away for another 6 months as earlier than that reflects an intent to immigrate (as a quicker re-entry would mean more than 6 months of stay in US in rolling 12 months (visiting US vs. living in US).

Sources for all this has been hearsay, friend of friends, and similar posts (with disclaimers) etc. However, I haven't been able to find an official response on any relevant website.

So, please post your comments, experiences and links to law/rules/regulations, if any.

 

[PraetorianXI]

They should spend more time in home country than in the US over any 12 months.

Meaning if they stay 3 months, then spend 6 months home, then 3 more months in the US, that makes it 12 months, where half was at home and half in the US, and completely acceptable.

Where if they spend 6 months, and return after 3 months, to spend another 6 months... they are spending 9 out of 12 months in the USA... that is bad.

So, go with case (a) and leave at least 6 months between every visit.

 

[Triple Citizen]

In any 12 month rolling window, a genuine visitor should not have more than 6 months of stay in the US.

Case (a) - their current visit is 2-3 months
Case (b) - their current visit is almost 6 months