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B2 visa - Amendment related question

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  • B2 visa - Amendment related question

    Hi All,

    On August 17, 2011, USCIS published a Policy Memo entitled: "Changes to B-2 Status and Extensions of B-2 Status for Cohabitating Partners and Other Nonimmigrant Household Members; Revisions to Adjudicator’s Field Manual (AFM) Chapters 30.2 and 30.3; AFM Update AD11-27"

    Excerpts from that:

    In some circumstances, elderly parents, cohabitating nonimmigrant partners, and other household members of principal nonimmigrants may be ineligible for derivative status. These aliens may seek B-2 visas, or change their status to B-2, to allow them to reside with the principal nonimmigrant visa holder who is in the United States in another status (H-1B, F-1, etc.).


    If I need to bring my mother can she stay till my H1 visa expires as per the new amendment. She is already 62 years and she is dependent on me (staying alone in India). But at the same time we are planning to go back after my visa period is over.

    Question:

    What are the documents she should show at the port of entry? [My father's death certificate etc..]

    While entering US again, should she be showing any additional documents to stay till my visa expiration or is it ok to extend her stay before 45 days of her 6 months period till my visa expires.

    Thanks in advance.

    Vijay

  • #2
    I would consult an experienced lawyer for this.
    In my opinion, she should seek entry like everybody else and then apply for extension. In that application, she should write a detailed cover letter explaining the nature of your relationship (how you all live together and you care for her) and how she does not intend to stay beyond your intended H1 duration (I-94). Leave at least 3 months between her I-94 expiry and this application.
    Attach a letter from you also, indicating how you currently intend to leave the US after your H1 tenure.
    This is my opinion and not legal advice.

    Comment


    • #3
      Any Lawyers I can contact?

      Hi,

      Thanks for sharing your response.

      Are there any good lawyers whom I can contact regarding the same? I contacted one lawyer and he said his fees minimum will be $1000 which is way too much for me.

      Kindly suggest.

      Thanks,
      Vijay

      Comment


      • #4
        $1,000 seems very reasonable to me.
        Immihelp Support
        No legal advice. Use at your own risk.

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