can my dad mom visit me frequently

[kashish58]

hye

i am on h1b my mom dad has a visitor 10 yr multiple visa...

please help me if my mom dad visit usa and got a legal stay here for 6 months

and if they stay for 5 mnths with me and after than they went back to india with in schedule time and stay in india for one month and come back again to usa and again stay with me for 5 months again and after than they stay one mnth in india and came back....

is it possible or they may get some trouble in usa even having a 10 yr multilple visa...


please help and reply...


kashish

[csingh]

They cannot use their visitor's visa to STAY in the US. Besides being really tough on them (with all that long distance travel to and for in a short span of time), they will definitely face tough questions and possible denial of further entry at POE if they do this.
General rule of thumb: have them stay in their home country as long (possibly longer) than they have stayed in the US.

[cncd1]

They would not be visiting but living in the US. That is illegal. Doing this can cause them to lose their visa completely.

[delhiramanathan]

A friend of mine did the same as mentioned by OP. But of course,he stayed 3 months in his home country. Two times he got full 6 months stay. In the 3rd visit, he was grilled to the maximum, given a restricted stay of 3 months and a noting was made in his passport that he will not visit USA for another 1 year. The IO told him that he is recording this in the PC.

[kashish58]

sir it mean.....even my mom dad stay here in usa for 4-5 month and stay in india for 4-5 month ..may give trouble in POE ....

wht is the law say's means if i have a right to stay in usa for 6 months if stayed over there for 5 months....

and return to india and for safer side how long i should stay in india and after after howmany month i should visit again to usa.


please reply ASAP

[cncd1]

A US visitor must do just that - visit. Extended, frequent trips are not in keeping with the intent of the visa. There is no firm rule there is the IO's determination as to the validity of the purpose of the trip. A visitor may be granted anywhere from 1 day to 6 months of authorized stay.

While a person might spend 4 months in the US, 4 months at home and receive another 6 month stay when seeking entry, he might also receive a much shorter period - or be sent home immediately without allowing entry. No non-citizen has the "right" to enter the US.

Your questions make it appear that the parents are "needed" in the US or are unable to live by themselves. Neither is appropriate use of a US visitor visa.

[csingh]

Like the PP said, you have no "right" to enter and stay in the US for 6 months. It all totally depends on the IO, how long a stay they grant you at the POE.
If you need your parents to "live" with you, a visitors visa is not the way to go about it...and unfortunately, since you're on an H1, there is no other way to have your parents stay long term with you (unless you wait to become a citizen and apply for green cards for them...a very, very long process OR you return to your home country to stay with them).

[delhiramanathan]

If your parents visas to be safe and sound, you need to follow the rules. For example if they are staying with you for 6 months, then, they need to stay for 8-9 months in their home country before coming to you again.

[sudhamsh]

Its apparent that you can not live without the parents for long time. If that is the case, it would be wise to think of you going back to India rather call them every year here. Keeping their age in mind, it is not advisable to make them travel every year. The purpose of visitor visa is to visit but not to stay and/or live here. Even if your parents visit you every 8/9 months, it will be OK for VOs for first few visits but after that it will surely raise their eye brows as to why they are visiting so frequently. And it will surely create problems just like one of the post explains how it impacted. So be cautious in bringing them every now and then.

And you should also think about your financial aspect of that especially in this kind of economy.

I know none of the answers support or agree with your intentions but thats the fact of life. Those old days have gone where you get the job in your place, you live happily with all your family members....... The facet of the life and world has changed and we should adjust ourselves accordingly. So understand the situation and implications and act wisely. Good luck !!

[kashish58]

sir thanks a lot all of you for replying me in details...

but this is for the knowledge only bec i was thinking if my mom cames to usa and get 6 months entry and went back after 5 months to home country in india
and after staying 6 months or more iin india ...if she wants to come in usa agains ..if she will get a 6 months stay in POE or not ....

bec my mom dad is retried and i am the only son.....so obviously till gc or citizenship

they cant come legally permanently....so we both will have to suffter....but even

if they dont come to see me for a years ....it doesnt means i am going to leave the job....

one thing more the clarificaion was only to gettting the complete lawfull information...

we dont want to go beyond the law.....

i was thinking if i am earning properly and paying taxes here in usa...and

earning one lakh PA i think i am able to bear the exp of either my mom and dad for a few months in a year...

if law permits me than..

bec you are all the senior members so i think i my mom stay in usa with me
for 3 months and stay in 9 months in india even than the prb may arises in POE.


one thing more my company is going to file a gc in next month....is there any provisions after getting my gc (nornally it may take 4-6 yrs ) can i appy for gc for my parents...
or after getting gc and after gettng citizenship only i can apply for them..

thanks a lot...

[csingh]

You would need to be a citizen to apply for Green cards for your parents.

[cncd1]

Only US citizens can sponsor parents for GCs. And remember, the US provides no pensions or health insurance (for at least 5 years when a buy into Medicare is now possible). If you cannot afford the $700 per month per person for health insurance (minimum!!), you need to make other arrangements.

[cncd1]

Just because the company agrees to sponsor GC does not mean that you are guaranteed to get it. If a USC or LPR is qualified and desires your position, your GC cannot go forward. Don't count your GC before it is in your hand.

[mshnkr]

I have a similar query.
My wife and I have a ten year multiple entry visa. We are to visit my daughter and son-in-law from November to January.Our daughter is in the family way. We will be careful not to mention it as the sole reason for entering the U.S.A.:)
Her in laws will visit them from January to March. We are retired and they (her in-laws) are both working.
My wife proposes to go to U.S. a second time in end March and come back in May end. My daughter teaches and she wants to teach the Spring Semester.
From the replies in this thread I understand that that there is no rule regarding reentry, that is the time lapse between two entries and the question is one of convincing the Officer at the port of entry that we are only visiting and not trying to reside, which is true. We have no intention to reside in the U.S.
Please correct me if any of my conclusions are wrong.

[csingh]

You are absolutely right.
I think the IOs have a knack of figuring out who is trying to misuse their visa and who isn't. I have had young cousins make numerous short trips to the US within the same year and have had a six month stay stamped without any questions (these are usually 2 week long trips).
Similarly, my Mom visited us for 3 months in 2007. She left in August and in September she came back with my Dad (who was on a work trip) for 3 weeks; again no questions and 6 months on the I-94.
I don't know how, but they just seem to know!!:)

[cncd1]

Your wife is not allowed to babysit for infant so that your daughter can work Your daughter MUST make chld care arrangements. If her intent is to do this, she needs to stay home as she can lose her visa for ILLEGAL WORK.

[kashish58]

sir if my compnay files a paper for gc this year and next year i got marry with a girl who is a usa citizen can i file again for gc from my wife side or i can amend or please suggest me wht will be the better and early process for getting gc if i have both proposals ..from company and from wife side...

[theshiningsun]

company will file ur GC filed under EB category. ur USC wife will sponsor GC under FB category. both r independent of each other & both can continue in parallel. these days the waiting times r long for both categories.

[cncd1]

Spouse of USC will get GC in approx. 1 year. Marriage for an immigration benefit is illegal. Do not marry unless it is true as USCIS is very good at detecting fraud marriages.

[kashish58]

i am not taling about any illegal activies if it is genuine and happens.....
i think nobody will do any thing wrong which may effect in lator on stage...

[mshnkr]

thanks shri csinghji.
thanks also to cncd1 ji for the tip.
my wife will be visiting again to provide psychological and moral support :D , which is true