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  • Question on entering the US on a Tourist VISA without traveling to the home country

    Hello immihelp guru's

    First time poster here, so feel free to educate me on any questions if you think any information is missing and/or incomplete.

    My mother-in-law would like to visit the United States to spend some (more) time with her granddaughter and we are confused about a couple of things.

    Bit of a background:

    She first came to the states when our daughter was first born on: 12/6/2011
    Visa Category: B1/B2
    She left the United States for India on: 5/24/2012
    Time period in the United States: 169 days

    She then re-entered about 6 months later on 11/26/2012
    Total time outside the united states: 180 days
    She left the United states for Canada on: 5/10/2013
    Time period in the United states: 151 days

    Her trip to Canada was to help out a family member who was diagnosed with cancer and who has now healed well.

    She would like to come back to the United States in early November once again to spend some time with our daughter (tentatively another 6 months) and we are confused if the immigration authorities will have any problems with this.

    Question1:

    I understand the maximum time period for stay in the US on a B1/B2 visa is 180 days. What is the period of assessment for the immigration officer to determine entry/exit into the United States based on which they would grant entry for the next entry (e.g. 1 month/2 month/6 months etc) is it per calendar year (e.g. 1 Jan 2013 - 31 Dec 2013) or is it based on the date of first entry (which in my mother in law's case would be 12/6/2011)

    Question2:

    Assuming she comes from Canada -> United States in October 2013, will there be any issues for the immigration officer to grant her a 6 month permit to stay in the US?

    Question3:

    Assuming she travels back to India in Sept 2013 and comes from India -> United States in November 2013, will there be any issues for the immigration officer to grant her a 6 month permit to stay in the US?

    Thank you for taking the time to look through this and give your thoughts!
    TD

  • #2
    Originally posted by that_dude View Post
    Hello immihelp guru's

    First time poster here, so feel free to educate me on any questions if you think any information is missing and/or incomplete.

    My mother-in-law would like to visit the United States to spend some (more) time with her granddaughter and we are confused about a couple of things.

    Bit of a background:

    She first came to the states when our daughter was first born on: 12/6/2011
    Visa Category: B1/B2
    She left the United States for India on: 5/24/2012
    Time period in the United States: 169 days

    She then re-entered about 6 months later on 11/26/2012
    Total time outside the united states: 180 days
    She left the United states for Canada on: 5/10/2013
    Time period in the United states: 151 days

    Her trip to Canada was to help out a family member who was diagnosed with cancer and who has now healed well.

    She would like to come back to the United States in early November once again to spend some time with our daughter (tentatively another 6 months) and we are confused if the immigration authorities will have any problems with this.

    Question1:

    I understand the maximum time period for stay in the US on a B1/B2 visa is 180 days. What is the period of assessment for the immigration officer to determine entry/exit into the United States based on which they would grant entry for the next entry (e.g. 1 month/2 month/6 months etc) is it per calendar year (e.g. 1 Jan 2013 - 31 Dec 2013) or is it based on the date of first entry (which in my mother in law's case would be 12/6/2011)

    Question2:

    Assuming she comes from Canada -> United States in October 2013, will there be any issues for the immigration officer to grant her a 6 month permit to stay in the US?

    Question3:

    Assuming she travels back to India in Sept 2013 and comes from India -> United States in November 2013, will there be any issues for the immigration officer to grant her a 6 month permit to stay in the US?

    Thank you for taking the time to look through this and give your thoughts!
    TD
    You got to understand that visitor visas are discretionary in nature and are being given to help relatives/friends meet one another other briefly. The way your MIL is using it is not exactly the intent of a visitor visa.

    Seeing her travel history she runs high risk of not being allowed entry at all to US. If lucky she may get a short stay unlike the previous 6 Months stay she got.

    I would suggest you dont overdo this and that she stay off US for few years. As it appears that she not visiitng US but rather staying in US which is against the principles of a "visitor visa". Its never advisable to stay for prolonged time in US on a visitor visa.
    Even if she does get entry, eventually when she goes for visa renewal somtimes in future she would have a high risk of denial altogether.

    This is my opinion not legal advice.

    Comment


    • #3
      @raghvi

      Thanks for the opinion, thats what I thought of as well and the reason we are bringing this up this to ensure that we don't get denied entry and/or a VISA when we really need it.

      I appreciate the feedback and will advise the MIL accordingly :-)

      Cheers
      TD

      Comment

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