Tricky Visitor Visa question/s

[sgjg5]

My parents already have visitor visa (expiring Nov 03 2016) They were issued the VISA in 2006 so 10 years are going to be over. Never rejected
They are planning to come to USA in month of September to stay for 6 months. (expecting baby in mid Nov 2016)

What options I have?

1) Apply for fresh visitor VISAs

Can they apply for new Visitor visa now since the existing VISAs are valid until Nov 03 2016?
Do they get the interview waiver and only go for OFC fingerprints?


2) can they come on existing visa

hope that they get I-94 for 6 months starting from September 2016 though the VISA expires on Nov 03 2016?

3) can they come on existing visa and apply for extension when they are here in USA

Can they apply for extension (in case they receive I-94 only until Nov 03 2016) if the VISA is not valid after Nov 03 2016

Please help me on the situation ASAP. Thanks in advance !

[Trinity71]

Tricky Visitor Visa question/s

My parents already have visitor visa (expiring Nov 03 2016) They were issued the VISA in 2006 so 10 years are going to be over. Never rejected
They are planning to come to USA in month of September to stay for 6 months. (expecting baby in mid Nov 2016)

What options I have?

1) Apply for fresh visitor VISAs

Can they apply for new Visitor visa now since the existing VISAs are valid until Nov 03 2016?
Do they get the interview waiver and only go for OFC fingerprints?


2) can they come on existing visa

hope that they get I-94 for 6 months starting from September 2016 though the VISA expires on Nov 03 2016?

3) can they come on existing visa and apply for extension when they are here in USA

Can they apply for extension (in case they receive I-94 only until Nov 03 2016) if the VISA is not valid after Nov 03 2016

Please help me on the situation ASAP. Thanks in advance !

If they arrive here on valid 10 year visas which they will have when they arrive in September, the POE officer can stamp their dates for up to 6 months. They only have to enter on a valid visa. It is then the I-94 dates that prevail. So the visa dates and I-94 dates do not have to coincide. The visa must only be active when entering, since the visa gives permission to arrive. Of course the dates are still issued by the POE officer, but they have had the visas for 10 years so I wouldn't think there would be any issues.

As far as applying for new 10 year visas, they could go ahead and do that as well in the meantime, assuming this would not be the last visit they would be making to the U.S., and want to come here again the in the future.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71

[sgjg5]

If they arrive here on valid 10 year visas which they will have when they arrive in September, the POE officer can stamp their dates for up to 6 months. They only have to enter on a valid visa. It is then the I-94 dates that prevail. So the visa dates and I-94 dates do not have to coincide. The visa must only be active when entering, since the visa gives permission to arrive. Of course the dates are still issued by the POE officer, but they have had the visas for 10 years so I wouldn't think there would be any issues.

As far as applying for new 10 year visas, they could go ahead and do that as well in the meantime, assuming this would not be the last visit they would be making to the U.S., and want to come here again the in the future.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71

But with this option POE officer could just give I-94 only until Nov 03 2016 Visa expiration date??

[daggit]

But with this option POE officer could just give I-94 only until Nov 03 2016 Visa expiration date??

Let's not forget a visitor visa is for short, temporary stays in the US. Parents or inlaws are not supposed to stay or live in the US on continual 6-mo terms; baby or not.

[sgjg5]

Thanks daggit.


Do you mean my parents shall get 6 months from date of entry even though their VISA expires before?
Let's say they come to POE on sept mid they might get 6 months from then even though theire Visa expires on Nov 03 2016