Multi Visa for 5 Years - Leaving U.S.

[EricaLA]

Hello,

I am on 5 years multiple visit visa R - B1/B2. This is the second time I am visiting U.S (first time I left before 6 months), and my 6 months limit will expire on April 15, 2014.

Three questions:

1. I would like to visit Canada (flying there) for 3/4 days on March 2014 and come back to U.S. again. Would this extend my 6 months stay to another 6 months from the day enter back from Canada? One thing to note, my daughter who is a U.S. citizen also applied for immigration visa for me that is in process with USCIS.

2. If I request for extension on my visit visa (more than 6 months), how many months USCIS generally extend the extension (2 months more, 3 months more, etc.)?

3. How does the new 6 months extension really work? Do I have to go back to the country where they issued the visa and stay there for certain days/months for USCIS to consider another 6 months term?


Thanks

Erica

[peace999]

Rule for visiting canada for 3-4 days ; you will be readmitted to US for the remaining time on your original stay. You will not get another 6 months.
However, with a pending immigrant petition and if you also have an I-485, leaving US is not advised.

applying for an extension of your B2 stay; the very purpose of applying for an extension is that you do not have to leave US. It all depends on USCIS
whether they deny you the extension, or grant it for 3 or 6 months. no one can predict the outcome.

However, in your case , applying for a B2 extension may not be advisable as your I-130 ( immigrant petition) is pending.
Has your I-485 also been filed ( adjustment of status to green card) with the I-130? If yes , then B2 extension is out of the question.
If not, then you should go ahead with the I-485 rather than a B2 extension.

[EricaLA]

Rule for visiting canada for 3-4 days ; you will be readmitted to US for the remaining time on your original stay. You will not get another 6 months.

applying for an extension of your B2 stay; the very purpose of applying for an extension is that you do not have to leave US. It all depends on USCIS
whether they deny you the extension, or grant it for 3 or 6 months. no one can predict the outcome.

However, in your case , applying for a B2 extension may not be advisable as your I-130 ( immigrant petition) is pending.
Has your I-485 also been filed ( adjustment of status to green card) with the I-130? If yes , then B2 extension is out of the question.
If not, then you should go ahead with the I-485 rather than a B2 extension.

Thank you for your quick response. What happens if I were to leave to Canada few days before my expiration of 6 months (April 15, 2014) and come back AFTER 4/15/13. Would they stamp new 6 months stay then?

Regarding the immigrant petition, my daughter just submitted 1-130 along with supporting documents WITHOUT I-485. On the I-130 application, she has requested to do the adjustment (interview) here in U.S where I am currently residing. On the I-130 it says, no guarantee they will accept the request as I may have to go my native country for interview for I-130. Also, not sure for not submitting the I-485 will cause any problems.

Thanks

[peace999]

if you let your original US stay expire while in canada , your re-admission to US would be treated as a quick second entry on your b1/b2 visa . And it will likely be denied
on the grounds of very short interval between two visits. In practice, US border agents at US canada border are well aware of people with B1/B2 taking a U turn
to get another 6 months of stay. It is not advised.

If you wish to spend more time in US, you must first decide whether you wish to adjust status in US on the I-130 petition. People adjust status from B2 to green card
on their I-130 petition all the time but in theory there is a definite risk .