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Hello Folks,
my mother in law comes frequently in US with the VWP (ESTA). Three trips per year, she stays each time 2 and half months. She is 82, so only purpose is to stay with the grandchildren as much as possible. She never overstayed, but in the last trips, a couple of times, the immigration officer looked at the i94 history, and argued that she should seek for a Visa, because she is staying more in US than in her home country.
Now, the rules for the overstay are clear, not >90 consecutive days.
However, the matter of how long is too long over a year period, as far as I know it's arbitrary.
We will reduce the trips to stay less than 180 days in the US, but as a plan B if she is denied to enter in US, we are thinking to apply for a B2 Visa. The question is: is it really this difficult to get one in a country like Italy that has already a VWP? Considering the situation: clearly there is no intent to steal US jobs or immigrate permanently.
thank you
my mother in law comes frequently in US with the VWP (ESTA). Three trips per year, she stays each time 2 and half months. She is 82, so only purpose is to stay with the grandchildren as much as possible. She never overstayed, but in the last trips, a couple of times, the immigration officer looked at the i94 history, and argued that she should seek for a Visa, because she is staying more in US than in her home country.
Now, the rules for the overstay are clear, not >90 consecutive days.
However, the matter of how long is too long over a year period, as far as I know it's arbitrary.
We will reduce the trips to stay less than 180 days in the US, but as a plan B if she is denied to enter in US, we are thinking to apply for a B2 Visa. The question is: is it really this difficult to get one in a country like Italy that has already a VWP? Considering the situation: clearly there is no intent to steal US jobs or immigrate permanently.
thank you
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