Visitor Visa Questions- Please Help!

[coolguy007]

I have a few questions regarding B2 visitor's visa. My mom was here from July 07 to Jan 08 on B1 visa. She is planning to come back in April or May'08 since she is alone in India (My father passed away a few years back). I and my sister are both in US on H1-B. I wanted to know if:

a) Is there any rule that defines the minimum period she has to stay in India?
b) Is there any documents that I and my sister can send her as supporting documents that can be shown at the port of entry justifying the fact that both her children are in US and it is difficult for her to stay alone in India?


It will be very helpful if someone could help me/or give suggestions in this matter.

Thanks.

[knowledgeable]

The better option for you ...

... is to consider to get your mother to United States on H4 dependant visa.

On a visitor visa, she can only visit here but cannot stay for a long time period with minimal days between visits. This will probably backfire and in future she will get lesser number of days on I94.

The H4 visa is a dependant visa which you can use to get your mom here indefinitely till you have the visa.

Speak with your attorney and work on this angle.

[PraetorianXI]

a) there is no set rule, but a visitor should not spend more than 6 months in the USA in a 12 month window. She already spent July through January. And she is coming back after only 4-5 months... that is a recipe for trouble.

b) if you send such documents, they may cause more harm than good.

Your mom can not and should not spend long visits in the USA. She will be questioned harder each time at the port of entry, and may be denied and sent back (and her visa revoked). She is supposed to visit this country not come here to live.

I understand the hard situation, but USCIS will not. She can not continue this pattern of long visits, separated by short trips home.

I would advise you not to bring her until August 2008 and have her only stay less than 5 months.

[coolguy007]

Is it possible for me to get my mother in H4 visa? What do I need to do for that?

[knowledgeable]

Talk to an attorney

Your attorney will be able to guide and help you well.

Select one who's senior and can work with you. Most importantly you should be comfortable with the person.

In the meantime, follow PraetorianXI's valuable advice very seriously.

As he clearly mentioned no documents will help you at POE, they go by the rules and not sympathy, else the entire world, well almost, will be in US and the Americans will have moved elsewhere!

Good luck.

[ramabalaji]

A friend of mine who recently arrived in USA gave the reason for his frequent to USA as his 2 sons are living in USA. The IO made a remark that it is his problem and gave only 3 months stay with a warning no extension is possible.
So, please listen to our seniors advice and let her visit only after Aug 2008. Alternatively you can try knowledgeable advice which seems to be satisfying your requirement.