visitor visa

[rkaur70]

Hi there,

My mom is staying with us for almost 5 months.We are in jeopardy to send her back to India or to Canada.If we send her to Canada,can she come back and get new I-94 or she needs to go to India anyway?If she goes to India,how soon she can come back to US? She already got multiple entry visa from India.What should be done?Any prompt advise will be appreciated.We don't want her to stay illegal.Is it possible for her to go to Canada and get new I-94 or not? What if want to apply for extension?How much stay she can get after that?

Please reply ASAP.

Thanks

 

[immiques]

As far as I know she does not need to go to India and she can just go to canada or Mexico and come back even the next day with a new I-94. Usually it would not be a problem for parents or elderly people even if they come frequently(they can say they were visiting family in Canada/US)-The main issue is she needs a visa to go to Canada. If she does not already have it you should first visit the nearest Canadian Consulate office and try to obtain a visa. Go to their website for more information.

you can even apply for an extension of her stay for up to 6 months without leaving US. You might also want to consider discussing this with an immigration attorney to check on this.

IQ

Note: I am not an Attorney

 

[Jackolantern]

Once they realize she has been here 5 months, they may not want to let her back in for several months again, or let her back in at all. Years ago when I was still living outside the US, I spent the whole 3+ months of the summer in the US, took a short trip (about two weeks) outside, then when I came back the officer commented about how I was already in the US for a few months so he only gave me 1 month.

 

[immiques]

agree with you Jack, since her/his mother is likely to be of older age I suggested that she might not have any problem with coming back. Immigration officer would definitely look suspicious when a younger aged individual(in working age group) is coming back so often. from the information that I have from my friends and family it seems that Immigration officers tend to be easy going on parents or elderly people visiting their children in US as they assume that they are not going to be accepting any unauthorized employment given their age.