Consequence on Sponsor when a person overstays on B2 Visa ...

[Navpatel]

Hi Folks,

Sorry if i this question was answered earlier ...I just didn't find it ...

One of my friend is in US on proper h1 b visa and his dependents do also posses h4 visa. The issue is that his mom has B2 visa multiple entry for 10 years and he being the only child needs his mom to be with him in US. As far as the law goes his mother cannot stay with him for more then a period of 6 months upon each entry and again that is not guaranteed that she may be granted a 6 months upon each arrival because if the frequency of travel to US increases on b2 visa the stay would be shortened upon each arrival. Now is the real question..

1. Is there any possibility for him to bring his mom for longer period of stay ( till his H1b is valid or till he wishes to stay in US upon H1 extensions) legally without going back to india after every 6 months.

2. If he decides to bring his mom on B1 visa and then decides not to send her back and will only take her back upon his final return to his country and will never come back to US. Would this have any consequences on his mother apart from getting banned to enter US again.


3. what would be the consequence for the son as he was on legal grounds in US but might face issues for reentering US in future because his overstayed his mother ( is this assumption correct) . And would this also impact his visa approval for other countries apart from US or for US as well in future.

[jnk]

1. No.
2. What is the reason that your friend needs his/her mother's presence in US while his/her stay in US all the time.
3. Yes. Because he/she is sponsoring mother's visitor visa.

Please read,

https://www.immihelp.com/frequent-visits-excessive-stay-us-visitors-visa/

[newacct]

First of all, there is no such thing as a "sponsor". A person applying for a visitor visa applies on their own merits. Maybe you provided an informal affidavit of support to persuade the consular officer that there will be some source of support for the person when they are in the US if they don't have enough resources themselves. But that does not have any legal effect on you.

1. There is such a thing as getting B-2 visa for household members of someone in another nonimmigrant status, like you have. But it is not clear what often they grant this, and whether it would need to be asked of at the time of visa application, or can be asked of when entering. This would give a one year initial period of admission, with the possibility to apply for extensions in 6-month increments (which all B visitors can apply for anyway).

2. No, other than the risk that she might be deported when she is here, if she gets into trouble or something.

3. There is no legal consequence. But could a future consular officer consider having a parent who overstayed as a negative factor in a visa application? Nobody knows.