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Visitor Visa ...Complicated scenario : Please help

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  • Visitor Visa ...Complicated scenario : Please help

    Hi Folks,

    My mom got 10 year Visitor Visa last week and she will be travelling to US this Jun (itinerary not decided yet). I have read in one of the answers in this forum that ideally first visit shd be restricted to 3 months or less. Is it true ?

    At port of entry what is the length of stay usually decided by the officer (i know max is 6 months) ?

    The reason why i am asking this question is that moving forward i want my mother to stay here for 5 months or so and then go back to India for a month or so and then again come back for 5 months and then go back to India for a month and so on. And i want this thing to happen till her Visa expires.Bottomline is that i want my mother to stay here as long as possible as long as her Visa is valid but more importantly i want her to stay here legally.

    Can anyone please let me know whether above scenario is possible or what is the best possible i can do to acheive that...


    I appreciate any response in advance.

    Thanks.

  • #2
    Ok. What you are planning is NOT possible. Staying 11/12 months in US
    means staying and not visiting. The inspectors at port of entry won't let it happen.


    She will be given a 6 month stay on her first visit.
    She can stay all 6 months but when returning she will have to provide a gap of another5- 6 months. If she returns a month after staying 6 months,
    she may be given a short stay ( 2-3 months after questioning as to why she came so quickly) , and repeatedly if she clearly shows intent to stay 11 out of 12 months, she will be sent back.


    To have her stay permanently in US, you will have to file for her immigrant visa when you become a USC.
    Last edited by peace; 03-27-2008, 02:07 PM.

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    • #3
      This scenario is not possible AT ALL.

      You may "Get away" with it, one time... but your mom will be questioned after her 2nd trip the USA, where she spent another 5 months after only 1 month absence...

      Do you really think that a "visitor" spends more time "visiting" one country, than living in their own?

      If you attempt this, her visa will be canceled. Any visitor must spend more time at home than in the USA and allow enough time between visits, usually longer than the visit itself.
      Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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      • #4
        Even after staying in US for 6 year i still live in my own world i guess Neways thanks for the information

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        • #5
          One more question though....Can she make a 5-6 month trip every year without running into any issue ?

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          • #6
            I would think 4 months a year is also bordering with inviting trouble. But you may get away with that. 5-6 months will invite some questioning at PoE for sure.

            But your original question was just wow! Take care

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