Reentry into US after 9 month stay

[archmandy]

Hello,
I need advice on my parents re-entry into the US after a long stay here recently.
My parents have a 10 yr multiple entry visa to the US. They came here first in 2004 and their second visit was in 2011. They arrived in June 2011 and after a visitor visa extension they left in Feb 2012.
I want them to come back by end of April and stay another 6 months (or whatever duration they can get at the POE)
My question is -
1. Does such reentry raise a red flag to the immigration officer and will they be questioned?
2. Is there a possibility that their visa will be rejected and revoked?
3.Will it help if they also have an australian visitor visa stamped so they can tell the officer that they plan on visiting my brother after their visit here? That way immi officers dont think they are staying here long term.
My goal is for my parents to be able to reenter without any long term repurcussions.
Your advice is greatly appreciated.

thanks
A
(side note, Im a US citizen and would be able to get them their GC but I believe that process takes a year atleast? is that right? )

[peace999]

Entry in april not advised.

Technically, the CBP officers can send them back . Entering one month after staying 9 months
is not visiting.If your parents returned their extended I-94s at departure last time they left US, their stay will be recorded in the system and the officer at entry will see the 9 month stay on the screen.

Usually, they do not take this extreme step and allow the parents in for a short stay like 1-3 months with a warning. But a tough officer can make it hard for them too.
My advice is ; Play it safe , they should not enter for another 6-7 months.

Australian visa carries no weight. It does not explain why they are reentering so quickly.

About GC; It usually takes less than one year when applying inside US. They can adjust status to green card from a visitor visa even if their stay has expired and your immigrant petition is pending.. Apply I-130/AOS 3 months into their visitor visa stay. Not immediately after they enter.

[archmandy]

Well it's 3 months after their stay coz they left early Feb (3rd I think) and will return on 27th April. I can push it out to 1st may but not much longer after that. I94 date was end of march though. I know it's a risk, do you still advice they don't come back that soon?

[peace999]

They are sure to questioned and warned.
If they can explain a good reason , it will be easier for them.

[archmandy]

Thanks for your help & advice

[VISAOFFICER]

risky business

Staying in the US for over 9 months is a immidiate red flag as your parents are in B2 tourist visa, Any stay in a single location beyond a reasonable amount of time required for tourism purposes raises the question of visa abuse, Which in your case you clearly are doing

Due to recent changes in INS the criteria governing visa stay and activity during that stay have become much more stringent , By staying such long amount of time 6 months + amounts to taking up residence in the US and clearly demonstrates to INS officers that you do not have strong economic/social ties in India to make a early return

This can lead to their cancellation of visas at POE in the US,
They can be barred from applying visas due to violaitons
Any violation will have a severe negative impact on any future applications with the INS

Being a US citizen you should know better how stringent the rules for immigration are
There are aprox 2 million GC applications pending with the State dept,

In your case your parents would not come under the highly skilled category or any Priority /Essential category which could be productive for the US their applications. Thus their applications would be on a a low priority basis which could take upto 10 years

Having or not having a Australian Visa would not help your case in any way

[raj001100]

not sure if they allow anyone for long duration of stay. whatever i have heard is that they allow max for 6 months to stay in usa. sorry for this answer.....