Query on Mom's visit

[vanaja2000]

Hi,

My mom recently(1 month) left US and is in India now.

How long should she wait in India to visit US again on visitors visa?

Thanks
Vanaja

[PraetorianXI]

Depends on how much time she spent in the USA? and whether this is her 2nd or 3rd visit?

As a general rule, a VISITOR should not spend more time in the USA than in their home country in a rolling 12 month window...

Example:

My mom comes (1st time) to visit January 1st, 2009, stays for 3 months. Goes home for 6 months and comes back in September 1st, 2009 for another 3 months. ---> This is good, shorter stays (3-4 months are best) and a long time in between visits (6 months is a good time). Even though spending 6 months out of 1 year (12 months rolling window) in the USA is "pushing it" a little.

OR

My mom comes (1st time) in January 1st, 2009, stays for 6 months. Goes home for 2 months and comes back... she gets a restricted I-94 for 3 months... leaves for 1 month and comes back in January 1st, 2010. ---> This is BAD, from January to December of 2009, she would have spent 9 out of 12 months in the USA... this is not a visitor and would bring problems (restricted I-94s, flagged as a potential immigrant, harder and longer times at the POE, secondary inspections, cancellation or visa and/or deportation).

--------

So as rule of thumb people. Do not abuse the notion and concept of a VISITOR visa... a visitor does not spend more time on "vacations" than back in his/her home country...

[vanaja2000]

Thanks for the detailed suggestion.

My moms next trip to US will be her 2nd time trip to US.

I have one more question.

Once she is here next time, i want her to stay with me for more than 6 months. In what situations can I make that possible as the legal visitor stay would be 6 months? will that be a problem?

Please advice.

[C4us]

She should not return until she has lived in her home country for at least as long as she was in the US. If she was here for 6 months, she should not return for at least 6 months.

Your question indicates that you intend for your mother to LIVE with you in the US. Your mother may visit. Spending more time in the US than in her home country in a year is considered living in the US. If your mother needs to live with you, you should return to your home country where your mother can legally live with you. You presence in the US does not give your mother the right to violate US law.

By the way, is this so she can babysit for your child? This is another illegal activity. Caring for a child that is not your own on a long term basis is considered to be work. Work by a visitor to the US is illegal.

Read the forum archives. These two issues have been discussed repeatedly.