Bring widow mom on B2


nids_del

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My brother stays with my Mom in India. he is planning to come to US on J1 Visa and want to bring mom with him.

Some time back I read

http://www.uscis.gov/USCIS/Laws/Memoranda/2011/August/Cohabitating_Partners_PM_081711.pdf

and assumed there will be no issues in bringing here on B2 and we can keep extending her Visa till the time my brother doenst apply for green card.

I am in US, Married, applied for green card. My sister is also in US married but didnt apply fo green card. My mom has always lived with my brother and is dependent on him. She already has 10 year multiple entry B2 visa.

I can not find more information on the process. Can someone please share their experience in extending their parents visa?

Thanks.

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That document is about people who can not marry, e.g., homosexual people.

It certainly is not for mother and son.

She can not live here on B2.

It does not look like that this is only for homosexual people. In fact, the Background starts as follows --

"

In some circumstances, elderly parents, cohabitating nonimmigrant partners, and other household members of principal nonimmigrants may be ineligible for derivative status. "

It will help much if some Attorney can share the thoughts on this one.

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She may NOT live in the US on a B2 visa. Once you become a citizen, you can apply for her GC. She may visit but MUST spend more time at her home than in the US. You brother may need to defer his plans until you mother can legally live in the US. You need to worry about health insurance especially if she is elderly and not well.

You mother may be perfectly capable of living on her own and may like not having to care for your brother.

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very intereting indeed...the memo clearly covers elederly parents and other family members..

I have not seen this memo until now..and doubt whether others utilized this memo..so go for a consultation with very experienced only..

just to point out..it says principal NON immigrant should not have attempted to become immigrant..that will rule out you and possibly ur sister, if she's going to apply for her green card..and ur brother should not too..

also it says the B2 applicant should not show any intention of permanent stay...menaing getting rid of financial ties in india etc. or acquiring some here in US..

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