total B2 extension for more than one year as a member of a household?

[katep]

Hi,

I consulted an immigration attorney recently about the extension of stay in USA for my mother. The attorney supposed to be a good one, was recommended to me by friends who had an experience with him. He told me an interesting thing (and showed and read to me a paragraph in some book) saying that while I am in H1B status in USA, I can apply for my parent extension of stay as "a member of a household" in half-year increments for as long as I continue to be in H1B status. That means that, although my mother is on a tourist (B2) visa here, she can stay with me as a member of a household for the total period of more than a year (with each extension being no longer than half a year). Once I get a GC I can not apply for her extension as a member of a household any more- it is only while I am in H1B status. This, as I understood, is different than an extension for tourism and pleasure.


My question is: does anyone ever heard about such an extension (as a member of a household, in half year increments, with several extensions in a row, so that the total stay is more than one year)?

I searched an internet and could not find anything like that.
I really need to know because I need to decide now whether to proceed with the second extension, because I do not want her to be present here unlawfully.

[harjeet_mrec]

I never heard of this.

"Member of Household" is a TAX Filing Term.

Ques : My parents are in the U.S on Visiting Visa. Recently I heard that I can claim them as my dependents while filing tax returns. Is it true?

Ans : Your parents may be your dependent while visiting you on temporary visa, but you may not be able to claim as your dependent on your tax return.

To claim an exemption for a dependent, all of the following tests should be met;

1. Member of Household or Relationship Test
To meet this test, a person must either:
Live with you for the entire year as a member of your household, or Be related to you as parents, brothers, sisters, children etc.

2. Citizen or Resident Test
To meet the citizen or resident test, a person must be a U.S. citizen or resident, or a resident of Canada or Mexico, for some part of the calendar year in which your tax year begins.

3. Joint Return Test
Even if the other dependency tests are met, you are generally not allowed an exemption for your dependent if he or she files a joint return.

4. Gross Income Test
Generally, you cannot take an exemption for a dependent if that person had gross income of $2,900 or more for 2001.

5. Support Test
Generally, you must provide more than half of a person's total support during the calendar year to meet the support test.

I think in your case some of the tests may be met but not all, particulary the Resident Test.

Further, to claim an exemption for a dependent (parents in your case) on your tax return, you must list either the social security number (SSN) or individual taxpayer identification number (ITIN) for the dependent.

[orion]

Not true.

[C4us]

If it is so important for you parent to live with or near you, you should have remained in your home country.

Everyone makes choices. Yours is easy: H1B and parent in home country or no H1B and parent nearby.

You realize that a B2 visa is not a sure thing. If the VO found out that she intended to live with you in the US, it would not be issued.

[katep]

Hi Everyone,

Thank you for your input.

[katep]

I have now a reference for this from this lawyer, is is in Volume 9 of Foreigh Affairs Manual (FAM), 9 FAM 41.31 N14.4. You can find it at http://www.state.gov/m/a/dir/regs/

Quote:
"9 FAM 41.31 N14.4 Cohabitating Partners,
Extended Family Members, and Other Household
Members not Eligible for Derivative Status
(CT:VISA-701; 02-15-2005)
The B-2 classification is appropriate for aliens who are members of the
household of another alien in long-term nonimmigrant status, but who are
not eligible for derivative status under that alien's visa classification. Such
aliens may include cohabitating partners or elderly parents of temporary
U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
9 FAM 41.31 Notes Page 25 of 30
workers, students, and diplomats posted to the United States, etc. B-2
classification may also be accorded to a spouse or child who qualifies for
derivative status (other than derivative A or G status) but for whom it may
be inconvenient or impossible to apply for the proper H-4, L-2, F-2 or other
derivative visa. If such individuals plan to stay in the United States for more
than six months, they should be advised to ask the Department of Homeland
Security (DHS) for a one-year stay at the time they apply for admission. If
needed, they may, thereafter apply for extensions of stay, in increments of
up to six months, for the duration of the principal alien's nonimmigrant
status in the United States."

Any more comments?

[orion]

Good luck

[txh1b]

100 million people suddenly vanished from South Asia.