Advise needed for Parents travel

[vamseekris]

Hello all,

Need some advice/inputs for our parents travel situation to USA.

Our parents are on B1/B2 Visa and holding Indian passport. They are currently in USA for 3 months and have to go back to India for their another commitment, spend month or two in India and would like to come back to USA to help with our newborn for 3 more months. Thus not crossing typical 6months/ 180days in a year in USA per B1/B2 visa permits.

We came to know of situations, where the US Immigration department at port of entry can question them due to this “3months in USA + 1 to 1.5 months in India + 3months back in USA” situation and can block them at port of entry.

Some questions,
1. Is there a known safe or recommended time gap (to be spent out of country) between two USA trips?
2. Will it make any better if they have their second USA trip shorter or longer?

Please share any inputs here on what would be their safer travel proposition?

Regards,
Vamsee

[inadmissible]

B visa holders bear the burden of overcoming the presumption of immigrant intent, and that assessment is made at the absolute discretion of the Customs & Border Patrol officer who accepts their application for admission at the port of entry

There is no clear guidelines your parents can adhere to, because ultimately it is a judgement call. Certainly, their ties to their home abroad appear weaker the more time they spend in the United States, and the less time they spend abroad