Visitor visa - going back to India for an emergency in short time

[sprasanna199]

Hello,

First of all I want to thank this forum/web, time and again you people helped me get clarity on visa related stuff.

I have a peculiar case now.

My mom visited me last month to US through visitor visa and was given a 6 month stamping and she was planning to stay for 6 months as well, but after a month, she needs to go back to India for a family emergency. Now if she wants to return in a few weeks (within a month), is it possible. When she comes back again, I will ensure that she will be staying/requesting stay in US only for the duration of her first I94 expiry (I know that's no longer relevant for her second visit) and we can show the return ticket as well for that date.

Want to know what kind of questions may emerge.

Thanks.

[peace999]

Hello,

First of all I want to thank this forum/web, time and again you people helped me get clarity on visa related stuff.

I have a peculiar case now.

My mom visited me last month to US through visitor visa and was given a 6 month stamping and she was planning to stay for 6 months as well, but after a month, she needs to go back to India for a family emergency. Now if she wants to return in a few weeks (within a month), is it possible. When she comes back again, I will ensure that she will be staying/requesting stay in US only for the duration of her first I94 expiry (I know that's no longer relevant for her second visit) and we can show the return ticket as well for that date.

Want to know what kind of questions may emerge.

Thanks.

If there were a genuine emergency/ or family function in US and she could prove it ,
it would not be a problem. But in normal circumstances ,returning in a few weeks, she will be definitely questioned.
and depending on her past visits if she has done it often, a strict officer could even turn her back.
Even if a lenient officer admits her, it could be for a short stay like a month as a penalty.

So, it not worth it. Let her wait 3-4 months before coming back.

[sprasanna199]

If there were a genuine emergency/ or family function in US and she could prove it ,
it would not be a problem. But in normal circumstances ,returning in a few weeks, she will be definitely questioned.
and depending on her past visits if she has done it often, a strict officer could even turn her back.
Even if a lenient officer admits her, it could be for a short stay like a month as a penalty.

So, it not worth it. Let her wait 3-4 months before coming back.

Thanks for the response, it was a genuine emergency (someone fighting for life), so she needs to go back, her previous visit was a couple of years back for 6 months, so I will give it a shot if she wants to return and update here on the outcome.

[peace999]

Thanks for the response, it was a genuine emergency (someone fighting for life), so she needs to go back, her previous visit was a couple of years back for 6 months, so I will give it a shot if she wants to return and update here on the outcome.

What I said was an emergency/function in the US justifying her quick return to US.

NOt going to India which they do not need justification for.

[sprasanna199]

What I said was an emergency/function in the US justifying her quick return to US.

NOt going to India which they do not need justification for.

Got it, but for this emergency back in India, or else she would have stayed here for 6 months as planned, even when she comes back, effectively she will be staying for less than six months in her original window (and somehow we need to make this situation clear to the visa officer), given that she's visiting after two years here, I am planning her to come again and spend the rest of her stay for the original window for which she was granted stay.

Doesn't this present a genuine case for return to the visa officer, on one hand I see your point in quick return.

[peace999]

it does not make a point for a quick return.

They won't care she did not use her 6 mo nths granted the first time.

The only thing they will look at it is the short interval between her two visits.

To save hassles for her at the airport , she should leave an interval of at least 4 months.

The likely scenario is they will admit her after some questioning for a short stay like a month.

what will you do then?

[sprasanna199]

I got the point, thank you so much for prompt answering on all my concerns, I would rather make her return 4 - 6 months later to avoid hassles at the airport for reasons you rightly mentioned.

[richbasv]

time and again you people helped me get clarity on visa related stuff.

[san2009]

Hi
I also have a similar experience.My mother came in mid april and had to leave because of my fathers sickness in julybeginning (almost 11 weeks).she was supposed to leave in october and the last visit was almost one and a half years back. I want to bring both my parents on visitors visa and then file for their greencard here in US Iam a US citizen.how long should i wait before she can come here.I heard its easy to apply here but do I have to wait for few moinths after they come here to file or can I file rightaway
Any help is greatly appreciated
thanks to all in advance

- - - Updated - - -

Hi
I also have a similar experience.My mother came in mid april and had to leave because of my fathers sickness in julybeginning (almost 11 weeks).she was supposed to leave in october and the last visit was almost one and a half years back. I want to bring both my parents on visitors visa and then file for their greencard here in US Iam a US citizen.how long should i wait before she can come here.I heard its easy to apply here but do I have to wait for few moinths after they come here to file or can I file rightaway
Any help is greatly appreciated
thanks to all in advance

[peace999]

san 2009

Please; For a brand new query, you should start your own post, rather than posting in someone else's thread.


Having spent almost 3 months , she should not return before another 4 months at least.

Adjusting status to green card from visitor status for parents can be tricky.

A preconceived intent to do that while entering as a visitor is illegal.
Though people do it all the time.

I personally would favor consular processing which means getting immigrant visa in India ( takes about a year);
that is if your parents can
go through medicals , obtaining police certificates, going for embassy interviews in India.

If you still want to file for their adjustment in USA, y
you should file for adjustment not less than 2 months after they arrive as visitors.

In brief;
there are two parts to your parents' immigrant status;
foremost is I-130 ( immigrant petition to be filed by you with USCIS),
to be filed with I-485 if they are adjusting status when inside US.
If they opt to obtain their immigrant visa in India, you do not need to file an I-485.

[san2009]

thanks a lot peace999 for your help.actually my situation is a liitle complicated,I have a 2 1/2year old son also a us citizen. myself and my son went to India with my mom to see my dad and i came back but my son is with my parents,i was not having any plans to apply greencard here for them earlier but now I am planning to bring my son back in 4 months when i bring my mom and dad here.when my son was born my mom and dad stayed for 6 months and just after 3 weeks only my mom came back to US for 4 months and then there was a 1 1/2 year period gap between the last visit .I am planning to go to India in nov beginning considering the 4 month period and bring my son and parents here .Do you think I should go to a lawyer?Is there anyone out there who did adjustment of status for greencard here ? i have questions like how long it takes,do we have to have med insurance for the medical check up for green card,etc
thanks

[peace999]

parents adjust to green card from visitor all the time.

Just apply 2 months after they arrive to be on the safer side.
You can do it yourself I-130 plus I-485 . Go to USCIS.gov , it tells you
all the paperwork required.

It takes several months depending on where you live
and it will be several months after their visitor expiry date.

the benefit of a lawyer is that will save you a lot of headache
but they can be expensive especially the very good ones. like m u r t h y OR s i s k i n d

but they are very thorough.

a bad immigration lawyer can spoil your case.

[san2009]

thanks for your valuable response!!