Visitor visa question.

G

Ganesh Ranganathan

Member
My apologies for posting this question in this forum. But since this is the only forum I post I did it anyway. Here is the situation Say if your parents were to visit you in the US for 6 months. When can they come back next.
- Does the law state that visitors can stay in the US only 6 months out of an year? If yes then when does the year start. Jan to Jan?
If anyone knows an answer to this I would appreciate a reply back.
 
Here you go.

Hi, Tru, I do not fully understand your questions. Hope my answers are what you wanted.

Q: Say if your parents were to visit you in the US for 6 months. When can they come back next.

A: Normally 6 months. Generally for vistors (B1/2 visa holders), how long you have stayed in US, you need to saty for the same time length before you can come back again. But the rule is not that stricy.

Q: Does the law state that visitors can stay in the US only 6 months out of an year?
A: No. no. You will normall get 6 months from POE, but that can be extended. If you have very good resons, you may extend the stay for another two 6 months. Sometimes, you may not be able to get the extension. It will depend on the BCIS officer and your reason.

Q:If yes then when does the year start. Jan to Jan?
A: The date will be from the date of entry. It is impossible for every visitor to come to US only in Jan.
 
One of my friend's parents are here. They got an extension of another 4 months (3 weeks before thsy completed 6 months)

My friend applied for the visitor visa extension 2.5 months before their I-94 expiration date and got extension within 2 months. Of course he is in Vermont and NOT TSC.
 
Here is the situation

Thanks for the answers folks. Here is the scenario more clearly.
Parents come over and stay from a) April to Oct (6 months) they go back for a month and can they come back again on b) Dec and stay till May (6 months) go back again for 2-3 months and come back again on c) July and stay for 6 months. I am not sure if this is possible. What are the restrictions. Given this scenario how long do the parents have to stay at home country before visiting US again.
 
Re: Here is the situation

Originally posted by tru
Thanks for the answers folks. Here is the scenario more clearly.
Parents come over and stay from a) April to Oct (6 months) they go back for a month and can they come back again on b) Dec and stay till May (6 months) go back again for 2-3 months and come back again on c) July and stay for 6 months. I am not sure if this is possible. What are the restrictions. Given this scenario how long do the parents have to stay at home country before visiting US again.
Click to expand...

Such a travel pattern will definitely raise a red flag with the immigration inspectors. Spending more time in the US than in their home country is considered a sign of immigrant intent and is not condoned by immigration authorities. It may result in more questioning, reduced periods of stay allowed and even lead to cancellation of the visas. Do not plan such a move without taking into account all the risks involved.
 
reply to nkm

Thanks for your reply. What would be an acceptable travel pattern then is my question. Geez it finally takes three posts to get my question right.
 
HI tru,

If your parents got multiple entry visa there are no restrictions on returning any number of times in a year and can even return same day like any business traveller does. If they have a single entry visa they can get extensions like above, but if they need to go to home country and return it solely depend on home country consulate's visa policy. hope this will answer your question.

khoula
 
Re: reply to nkm

Originally posted by tru
Thanks for your reply. What would be an acceptable travel pattern then is my question. Geez it finally takes three posts to get my question right.
Click to expand...

A general rule of thumb is to spend more time outside US than what is spent in the US. For example if parents stay for 7 months, plan for re-visit not before 8 months after returning. It also helps to have copies of all I-94s.
 
agree with nkm and disagree with khoula...

u might get a 10-year multpile visa...but the immigration officer at the port of entry will not give a stay more than 6 months no matter who u r..i.e., if u r on a visitor visa..getting the 10-year multiple only eases ur next trip..by that i mean..u dont have to goto the american consulate in the respective country...so its not the 10-year multiple that counts but the IO's stamp...

the best thing should be to go back b4 6 months stamping period expires and come back after 6 months...it should look like u r staying more at the native country than here..one thing is for sure..as they have a 10-year multpile entry per say... the IO cannot ask u to go back..he might give 1-month or 2-month stay..thats abt it...so either way they can enter...how long depends on the IO....any comments..pls let me know

madhav
 
Hi guys,

I am not a lawyer or any expert on immigration. i only check these things on web mostly on FAQ pages. There is some information here @ Mr. Khanna's FAQ page
http://www.immigration.com/faq/visitorsvisa.html#292
This may help, and I don't think there is any way to predict what the inspector will do at port of entry regarding the length of stay, as they are the final authority on that matter and even if you have multiple entry visa they can deny entry if he find any thing he think's is inapropriate(?) or if he thinks you'r a potential immigrant.

May be it's a good idea to write to Mr. Khanna's FAQ

Khoula
 
Last edited by a moderator:
You must log in or register to reply here.
Top