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How soon can some one on visitor's visa return to the USA?

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  • How soon can some one on visitor's visa return to the USA?

    I have a two part question...

    1) My parents got a 6 month extension to their original I-94 (total stay of 12 months), and are returning to India on April 25, 2009. Can they return to the USA some time in June '09 without any issue and get another six months on their I-94? Is there some risk in returning within 1 to 2 months, especially so after getting a 6 month extension?. (Note: My parents have a 10 year visa, been to the US 5 times already, and have always left before their I-94 approved dates).

    2) General question: How soon can some one get back to the USA after a visit? (assuming visas, I-94, and every thing else are in order) Are there some guidelines on how soon can one make another trip to the US? For e.g., Is 1 month too early?

    Thanks,

    Jai.

  • #2
    1. Risky. They should not return unless they spend the equal or more amount of time they spend in their home country after the trip. They will risk the cancellation of the visa or given I-94 for a very short period and endorsements like no extensions on the I-94.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      As a general note, visitor visa is not a permit for a nanny job in US.

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      • #4
        A visitor should not spend more than 6 months of out a 12 month rolling window in the USA.

        A visitor should wait at least the same amount of time spent in the USA back at home, before returning...

        That means your parent's should not spend more than 6 months per visit and should in this case, wait until April 25 2010 before trying to return.

        They will be red flagged as potential immigrants and may lose their visa.

        What exactly was the reason for the extension?
        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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        • #5
          Reasons for Extension - Related Q on impact to Green card process

          The reason for extension was primarily to spend a little bit more time with us and to be able to do more sight seeing at a leisurely pace (as they are elderly). No, the reason for the extension was not to do nanny job. :-). Does this reason make any difference to how soon they could return? From the replies, I am hearing loud and clear that they should not try to return before Apr 25, 2010.

          One related question - We are planning to sponsor for their permanent residency later this year. How does this one time extension we got affect their green card process? Do we need to take any extra care so that either the I94 extension or their return to the US next year does not affect their green card process? Thanks for the reply

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          • #6
            Once you sponsor their GC, they can no longer enter on visitor visa as their immigrant intent has been made clear.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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