Staying close to within 6 months on a B1/B2 Visa

[Dr Mirage 0]

My mother (a US Citizen) has pettioned for my brother under I-130 petition and his priority date is within 2 years.

He has a B1/B2 visa which is valid for 10 years.

Is it illegal for him to be staying in the US for 5 months on vacation and going back home for a few weeks then entering the US again for another 5 months.

Thanks.

[Ling Ling 22]

What you propose is not illegal, but is risky.

It's risky because the Immigration Officer has the discretion to allow or deny entry.

I can totally understand why your brother would want to try this, we thought about it too, but he should realize that it is in no way original.

That said, all visitors to the US are considered intended immigrants, unless proven differently.

So your brother needs to prove each time that he is only visiting, and that he has a good reason to return to PI.

Good reasons would be a verifiable job, lease agreement, or something else that BINDS him to return to PI.

Good luck

[Dr Mirage 0]

Thanks for the reply. Apprecaite it.

My brother is a mentaly retarded (handicap).

He was denied on his first interview for his renewal of his 10 year B1/B2 visa 2 years ago.

The consulate knew that he was staying in the US and travelling back to Manila often. I believe he traveled to the US over 18 times during that 10 years with his B1/B2 visa.

Basically he has been staying in the US and flying back to Manila before his I-94 expires.

On his next interview this spring, I was able to go to the US Embassy in Manila and accompany him and he was very lucky to be given another 10 year B1/B2 visa.

I heard its difficult sometimes to get a B1/B2 visa because he is under petition.

[Alexandra_v 0]

Your brother can stay in USA a year on his B1/B2!!!

I did the same what you have to do is extend the visa before the I/94 expires.

Every time you enter USA on a B1/B2 visa you are automatically allowed to stay in the country for 6 months!!