Detension by NYC immi although father has Valid 10 year Visa

[yamijalav]

when my father came this time from India to US in October 2011, he was stopped by the NYC immi guys and was questioned as to why he is been travelling frequently, although he has a 10 year multiple entry visa. He got his B1 visa in 2004 and he has been travelling to US every year and since last 5 years we are extending his stay to one year when ever he is coming here and all his extentions are been approved , and, he is been travelling back to India with in the time frame. However, the Immigration guys, this time, at the airport stopped him and kind of threatened him as to why he is travelling to US so many times and told him that they will cancel his visa.. can they do that ?
This time his 6 month stay is expiring in April 2012 and we want to see if we can extend it., are there any chances of Denial. IF we do that and if he gets his approval or denial, will it effect his new B1 visa which he has to apply in 2014 as his 10 years visa is getting expired in 2014.
Will this whole scenario has any impact on my extentions. My situation is, i am on H1B , finished my 140 in greencard process(EB3) and i am in my 8th year of extention period and my I-797 is getting expired in June 2012 and company will apply for my 3 year exention that time. Please advise.

[manish3787]

Hi

Hi,

I am in a similar situation that i am returning to India after staying 6 months. I want to re-enter after staying in India for 2 weeks. The simple reason is that I want to visit more places in USA. I have seen the east coast so now want to see the west coast. I just want to come for 3 months this time. Can you please tell if there is a chance of detention, denial of entry after coming to USA.

Please reply as reading your father's case it seems that one can come to USA very frequently. Can you please tell the time difference in his two consecutive visits (Return and re-entry).

[peace999]

It will not have any effect on your H-1b extension but you should be aware that what he is doing is not right. Visitior visa is for visits and an extension once or twice is fine but doing it everytime he comes here is like living in US and not visiting. Extensions are approved by USCIS who may not look at your extension record on past visits but airport entry is managed by CBP who look at your stay history before stamping your I-94 and allowing entry. CBP has full authority to cancel your visa , send you back or put you in immigration detention if it is something serious.

There is always a chance that extension may not be approved by USCIS. . And if the denial of extension comes after the first expiry date on your I-94 ( which is very likely) , you are immediately out of status and are supposed to leave asap.
In this situation , the returned I-94 at departure will record an overstay and he may have difficulty entering on next visit.

If the extension is approved and he stays one year again, make sure he does not return to US for another 7-8 mnths. if they cancel his visa and send him back from the airport,it will be very hard for him to get another visitor visa.

when my father came this time from India to US in October 2011, he was stopped by the NYC immi guys and was questioned as to why he is been travelling frequently, although he has a 10 year multiple entry visa. He got his B1 visa in 2004 and he has been travelling to US every year and since last 5 years we are extending his stay to one year when ever he is coming here and all his extentions are been approved , and, he is been travelling back to India with in the time frame. However, the Immigration guys, this time, at the airport stopped him and kind of threatened him as to why he is travelling to US so many times and told him that they will cancel his visa.. can they do that ?
This time his 6 month stay is expiring in April 2012 and we want to see if we can extend it., are there any chances of Denial. IF we do that and if he gets his approval or denial, will it effect his new B1 visa which he has to apply in 2014 as his 10 years visa is getting expired in 2014.
Will this whole scenario has any impact on my extentions. My situation is, i am on H1B , finished my 140 in greencard process(EB3) and i am in my 8th year of extention period and my I-797 is getting expired in June 2012 and company will apply for my 3 year exention that time. Please advise.

[peace999]

Hi,

I am in a similar situation that i am returning to India after staying 6 months. I want to re-enter after staying in India for 2 weeks. The simple reason is that I want to visit more places in USA. I have seen the east coast so now want to see the west coast. I just want to come for 3 months this time. Can you please tell if there is a chance of detention, denial of entry after coming to USA.

Please reply as reading your father's case it seems that one can come to USA very frequently. Can you please tell the time difference in his two consecutive visits (Return and re-entry).

Do not do it. You will definitely have problems.

There is no rule about the time difference but it depends on your purpose.
There are businessmen who visit US 12 times in one year but then they spend only a few days on each visit and have no problems.

You have already stayed 6 months which is more than good enough for a pleasure visit.
They will be very suspicious if you return just after 2 weeks. Give it 6 mnths at least.

[kabkaba]

The pattern of traveling and extending very frequently is what caught their attention. Visitors are not expected to live in the US. As a rule of thumb they should spend twice the amount of time they spend in the US in their home country/outside of US. I would advise against filing any extension. If he has to apply well in advance so that decision can be obtained before I-94 expires.
Your H1 status has nothing to with all this.

[manish3787]

Do not do it. You will definitely have problems.

There is no rule about the time difference but it depends on your purpose.
There are businessmen who visit US 12 times in one year but then they spend only a few days on each visit and have no problems.

You have already stayed 6 months which is more than good enough for a pleasure visit.
They will be very suspicious if you return just after 2 weeks. Give it 6 mnths at least.

Dear Peace,

What will you suggest then.

My situation allows me a leave for another 3 months and not after that. I may not need at all to come back after 6 months. My friends and relatives are here with whom I wish to enjoy another 3 months.

I didnt applied for an extension as I had to attend a function in India which was close to the end of my I-94 so I thought to just travel to India and return after the function.

I have less than 25 days left on my I-94, will you suggest applying for an extension and not travelling to India may be an option to extend my stay.

What if I didn't get an extension till my dates of travel. Can I travel to India while the extension application is under review (after filling) and re-enter showing that I have filled for an extension and its under review.

Is there any way to make sure as I want to avoid travelling to USA and then being denied the entry.

[peace999]

Sometimes, in life you must give up small things for bigger issues. A visitor visa is not always easy to get, hence I suggest you do not risk it for a few days of extended enjoyment with your family.

Technically , you can apply for an extension even now but your reponse will arrive after your I-94 date has expired.( because it is so close to expiry now) . If it is an approval, no problems. But if it is a denial, it makes you immediately out of status. YOu must leave asap. The I-94 you will return at departure will record an overstay in the USCIS system . And when you enter next , they may stop you for overstay and you will have to convince them with the extension application receipt and boarding passes that you left immediately after you received a denial.

And, NO you cannot leave and return on the basis of your pending extension. Your extension application has no meaning if you leave US.

Dear Peace,

What will you suggest then.

My situation allows me a leave for another 3 months and not after that. I may not need at all to come back after 6 months. My friends and relatives are here with whom I wish to enjoy another 3 months.

I didnt applied for an extension as I had to attend a function in India which was close to the end of my I-94 so I thought to just travel to India and return after the function.

I have less than 25 days left on my I-94, will you suggest applying for an extension and not travelling to India may be an option to extend my stay.

What if I didn't get an extension till my dates of travel. Can I travel to India while the extension application is under review (after filling) and re-enter showing that I have filled for an extension and its under review.

Is there any way to make sure as I want to avoid travelling to USA and then being denied the entry.

[yamijalav]

Thank you Peace, that was helpful

Manish, He was coming after 6 months

[manish3787]

Sometimes, in life you must give up small things for bigger issues. A visitor visa is not always easy to get, hence I suggest you do not risk it for a few days of extended enjoyment with your family.

Technically , you can apply for an extension even now but your reponse will arrive after your I-94 date has expired.( because it is so close to expiry now) . If it is an approval, no problems. But if it is a denial, it makes you immediately out of status. YOu must leave asap. The I-94 you will return at departure will record an overstay in the USCIS system . And when you enter next , they may stop you for overstay and you will have to convince them with the extension application receipt and boarding passes that you left immediately after you received a denial.

And, NO you cannot leave and return on the basis of your pending extension. Your extension application has no meaning if you leave US.

Dear Peace,

This was helpful but was a great shock as I was totally prepared with the tickets etc. I just have a last question. What will you say for another visa type. Lets say I have a high chance to get a J2 visa. Will me being on a B2 for 6 months will have any trouble if I enter US within a month on a J2 visa. I am trying so much coz I dont want to be away from my wife. We recently got married and came to US after a month of our marriage. I didn't applied for a J2 as there was a condition from the sponsor that they will allow dependents only after a month so I came on B2 sponsored by my brother. So I may now apply for a J2 as a dependent of my wife.
Please let me know what do you think about it.

[peace999]

Dear Peace,

This was helpful but was a great shock as I was totally prepared with the tickets etc. I just have a last question. What will you say for another visa type. Lets say I have a high chance to get a J2 visa. Will me being on a B2 for 6 months will have any trouble if I enter US within a month on a J2 visa. I am trying so much coz I dont want to be away from my wife. We recently got married and came to US after a month of our marriage. I didn't applied for a J2 as there was a condition from the sponsor that they will allow dependents only after a month so I came on B2 sponsored by my brother. So I may now apply for a J2 as a dependent of my wife.
Please let me know what do you think about it.

If that is the case, you do not have to leave US. Just apply for a change of status now , from B2 to J2. B2 extensions are chance but if your J2 is solid ground, it should be approved.

Yes, you can also apply from India and enter on a J2 after a month. But do not contradict anything you said at the embassy while applying for a B2.

[manish3787]

If that is the case, you do not have to leave US. Just apply for a change of status now , from B2 to J2. B2 extensions are chance but if your J2 is solid ground, it should be approved.

Yes, you can also apply from India and enter on a J2 after a month. But do not contradict anything you said at the embassy while applying for a B2.

Thanks a lot peace.
I am not sure if B2 to J2 will happen before the expiry of my I-94. I think I had made a mistake by not applying earlier. I will see if I can get J2 from India. There are no contradictions as at time of B2 I have told them that I am getting married and my Brother is sponsoring our Honeymoon in USA.

[peace999]

Thanks a lot peace.
I am not sure if B2 to J2 will happen before the expiry of my I-94. I think I had made a mistake by not applying earlier. I will see if I can get J2 from India. There are no contradictions as at time of B2 I have told them that I am getting married and my Brother is sponsoring our Honeymoon in USA.

Yes, a J2 visa on your passport will enable you to travel out of US in future. While with a change of status to J2 inside US, if you travel , you won't be able to come back without a visa stamp.

[GunaDev]

Hi,

I have a similar Qn regarding B2.
My mother is on B2. This is her first time. She has stayed here for 4 months.
she wants to travel back to India now for some personal reason.
Can she come back in another month and continue her trip ?
Will she have any problems at port of entry? Will she be granted another 6 month I-94?
Please advice.