B2 repeat visit situation

[OnlyADad]

Hello,

Our parents(on B-2 visas) have visited twice last year with a two-month gap in between. First visit was between Nov-2021 to Mar-2022 and second visit was from May-2022 to Oct-2022. We all went back home to India together in march and came back in May 2022. On re-entry, the officer made a remark about the short gap between these visits. It sounded like the ideal scenario is to have 6-month gap between visits. The officer suggesed we apply for their green card. Fast forward to today, parents want to come visit us again and we can't just apply for their green cards yet. Given that they've gone back, say on Oct-30-2022, 1) is it risky to re-enter before 6-month or some other/arbitrary gap? or 2) is it just a complete no-no for some time? or 3) is it a non-issue. Thanks in advance for taking the time to provide your response.

[mypatienceisover]

If I were in your shoes, I’d tell my parents to wait for at least six months from Oct 30. 2022 before they apply for a B2 visa. Remember this is a temporary visa. Waiting for six months or more may convince an officer that your parents have no intention to stay in the US permanently.

For that officer, the short gap indicated that your parents would like to stay in the US permanently. This is why I think that if they come back to the US before a six-month period with a B2 visa, the officer may find it suspicious. Therefore, I think it’d be wiser/better to have your parents wait for at least six months before they come back to the US.

[Heatheranderson]

I am just want to say that I can offer some general information that may be helpful.

When a non-immigrant enters the US on a B-2 visa, the US immigration officer at the port of entry has the discretion to allow or deny entry based on various factors, including the length and frequency of previous visits, the purpose of the visit, and the ties the visitor has to their home country. While there is no fixed rule about the length of time that must pass between visits, immigration officers may question the frequency of visits if they believe the visitor is attempting to live in the US on a long-term basis.

Given that your parents have recently visited twice with a short gap between visits, it's possible that immigration officers may question the purpose of their current visit if they try to enter the US again soon. However, if your parents can demonstrate that they have ties to their home country, such as property, employment, or family, and that their visit is temporary and for a specific purpose, they may be allowed entry.

If your parents do decide to attempt to enter the US again, it's a good idea for them to be prepared to provide evidence of their ties to their home country and the purpose of their visit. This could include return tickets, proof of employment or business ownership, and evidence of family ties or property ownership in their home country. Ultimately, the decision to allow entry is up to the immigration officer at the port of entry, so there is always some risk involved.

It's also worth noting that applying for a green card is a complex process that can take many months or even years. If your parents are interested in pursuing this option, they should consult with an immigration attorney to explore their options and determine the best path forward. Optonline Login