Visitor Visa stay limit

[deep_bi]

I am on H1B.My Mom came on Visitor Visa(B2).I understand people can stay in US for only 6 months.She stayed here for 3 months and have to go back to india for personnel reason and planning to come back for other 2 months.Is it possible this way? or she is not supposed to enter US for next 6 months once she leaves?

 

Eg: She came to US for the first time on Feb 2014 and planning to leave india on May 1st(so she is staying for 3 months) as she has to go to india for 2 weeks.Can she come back and stay for 2 months from May 15th -Jul 15th in US.Or she is not eligible to come USA for next 6 months.

 

 

[jairichi]

I am on H1B.My Mom came on Visitor Visa(B2).I understand people can stay in US for only 6 months.She stayed here for 3 months and have to go back to india for personnel reason and planning to come back for other 2 months.Is it possible this way? or she is not supposed to enter US for next 6 months once she leaves?

 

Eg: She came to US for the first time on Feb 2014 and planning to leave india on May 1st(so she is staying for 3 months) as she has to go to india for 2 weeks.Can she come back and stay for 2 months from May 15th -Jul 15th in US.Or she is not eligible to come USA for next 6 months.

Your understanding was wrong. Stay is based on I94 and not by default 6 months. She can come back as there is no set time limit between travel. But, what would be her answer to immigration officer at POE when asked about the purpose of her visit? 2nd vacation within 6 months?

[t75]

She may be granted another entry for as much as 6 months or she may be denied entry altogether. It is dependent on the officer at the POE.

 

Is there some good reason why she would not remain at home and come again later in the year (after more than 2 weeks at home).  The fact she needs to return quickly is suspicious given the length and cost of travel.

[deep_bi]

Thank you for ideas.

 

As my family member is sick thought it would be supportive if she is there for few weeks.She recently came to US and I wish it would be better if she can spend more time as I can't make back to India :(

 

These kind of reasons may not be supportive for POE.Lets see what happens.

[deep_bi]

Thank you Jairichu,t75.So if there is denial at POE then her `10 years visa validity will also be gone and she can never enter US?

 

When she enters US and in worst case at POE there is denial she has to return back to india by booking other flight from US airport itself.Please clarify

[jairichi]

Thank you Jairichu,t75.So if there is denial at POE then her `10 years visa validity will also be gone and she can never enter US?

 

When she enters US and in worst case at POE there is denial she has to return back to india by booking other flight from US airport itself.Please clarify

I believe mere denial of entry will not cancel her visitor visa. There is a possibility that immigration officer would ask her to request for voluntary withdrawal to enter US. Only if deportation is involved it would result in a ban to enter US.

[t75]

If she is sick, she should not be traveling as medical care in the US is very expensive. Can you afford potentially hundreds of thousands of dollars for her care? Since it is a preexisting condition, she cannot be covered by travel insurance. If the disease is communicable (Like TB), she is horrible for exposing innocent people to it.

 

If it is known at the POE and she does not have a medical visa (which requires proof you can pay for care), she is likely to be sent home.

 

If she needs you, take a leave of absence or quit your job in the US. What is more important - your mother or the money? (For me, that was a really easy question to answer!)

[nineballs]

I think Since your mother is travelling to India for 2 weeks after 3 months of stay in the US shows very strong ties for your mother with her homeland. I have reasons to believe that visitors staying in B-2 visa for less than 3 months are highly preferred over those whoe stay for 6 months and then come back after a break of 6 months.

Don't worry too much. I know a lot of people who came back after a short time and were given 6 months of stay 100% of the time. I think they really look for the ties with your home country. A 2 weeks visit is a very strong sign. And, it cleary shows that your mother doesn't have any immigration intent. Because, if she had any, she wouldn't leave in 3 months.

[deep_bi]

Thank you JaiRichi & NinetyFive for your reply