Minimum out of the US stay requirement?


vaibh4

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Dear experts I have this questions regarding visitors visa. My in-laws are currently in the US since July 2013. They are granted approximate 6 months of stay as per their I-94. So their return is planned for January 2014. Now my questions is if they want to come back to the US again in March or April 2014 is this violating any visitor's visa laws. Or will it count as exploitation of this visa category by any means ? I am told by some people that they need to stay out of the US for at least the same amount of time they spent in the US. I know for sure that there is no such law but has anyone seen any issues while entering the US due to this ? You replies are greatly appreciated. If you have real experiences please do mention that. 

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If they come too often and stay long, it may be seen as immigration intent, and they may get denied entry. There is no hard rule, but it is recommended to stay twice as long at home than in the US. Getting denied entry will complicate further travel immensely.

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Dear experts I have this questions regarding visitors visa. My in-laws are currently in the US since July 2013. They are granted approximate 6 months of stay as per their I-94. So their return is planned for January 2014. Now my questions is if they want to come back to the US again in March or April 2014 is this violating any visitor's visa laws. Or will it count as exploitation of this visa category by any means ? I am told by some people that they need to stay out of the US for at least the same amount of time they spent in the US. I know for sure that there is no such law but has anyone seen any issues while entering the US due to this ? You replies are greatly appreciated. If you have real experiences please do mention that. 

If a visitor is making frequent visits then that's a red flag.

Like I said earlier, visitor spends more time at his home country than visiting country. That's why they are 'visitors', got it??

 

In your case, they might not get 6 months stays if they make frequent visits.

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What if the previous visit was cut short by family emergency back home? Can't they take care of the emergency situation and come back to finish the rest of their visit?

Tell me one good reason why an immigration officer would be concerned about your family emergency? And how does it fit your case as your in-laws are planning to stay the entire 6 months based on I94?

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If they are taking advantage of the full duration of their I-94, there was obviously no emergency cutting short their visit.

 

A 6 month stay is outside the norms of the American family - even when the visitors are retired.

 

They went back in 3 months during their last visit. They did not take advantage of the full duration on their I-94 due to the family emergency. 

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Tell me one good reason why an immigration officer would be concerned about your family emergency? And how does it fit your case as your in-laws are planning to stay the entire 6 months based on I94?

During their last visit, they stayed only for 3 months on their given I-94. They had to cut short their trip and travel back to india in september end, due to the family emergency. And they could not travel as much as they wanted to during their last visit, that is the reason they want to be back in US in February. 

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During their last visit, they stayed only for 3 months on their given I-94. They had to cut short their trip and travel back to india in september end, due to the family emergency. And they could not travel as much as they wanted to during their last visit, that is the reason they want to be back in US in February. 

You can ask them to come again in February. Hope things go fine.

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