In-Laws Approved for Visitor Visa

[Amanda & Raad 0]

Hi Everyone,

I didn't see this topic & if I overlooked the answer somewhere please direct me! My mother-in-law & 2 sisters-in-law were approved for a visitor visa to the US from Jordan. My husband said the visa is good for 5 years. He said that when they come to the US they can only stay 6 months, then have to re-enter the US to be able to stay another 6 months. If the visa is valid for 5 years, can they not extend their stay once they get here? I have NO earthly clue how the visitor visa works. Can someone please fill me in?

Thanks!

[A_at_J 0]

Here's a link from the USCIS website to get you started: link

[CC90 90]

Hi Everyone,

I didn't see this topic & if I overlooked the answer somewhere please direct me! My mother-in-law & 2 sisters-in-law were approved for a visitor visa to the US from Jordan. My husband said the visa is good for 5 years. He said that when they come to the US they can only stay 6 months, then have to re-enter the US to be able to stay another 6 months. If the visa is valid for 5 years, can they not extend their stay once they get here? I have NO earthly clue how the visitor visa works. Can someone please fill me in?

Thanks!

The visa is valid for entry for five years, but visitors can only be given a stay of up to 6 months per entry in the western hemisphere (ie you can't just go to Canada/Mexico/Bermuda/etc. and get another 6 months on return). Even if you enter on the last possible day of the visa validity, you can be given 6 months.

It is possible to extend it another 6 months in the country for a justified reason and payment of a fee. It takes a few months and you'll have to do this well before your I-94 expires.

Also keep in mind that 6 months is the maximum allowable; if CBP or USCIS (on extension) feels that the case doesn't need 6 months, they won't give it.

[Penguin_ie 5,993]

A visitors visa is to visit, not to live in the USA. Thus the tourist visa holder must spend more time outside the USA than inside in any rolling year, and the maximum amount you can stay at any one time is 6 months- however, they may be given less than that at the border.

[Jojo92122 1,924]

Hi Everyone,

I didn't see this topic & if I overlooked the answer somewhere please direct me! My mother-in-law & 2 sisters-in-law were approved for a visitor visa to the US from Jordan. My husband said the visa is good for 5 years. He said that when they come to the US they can only stay 6 months, then have to re-enter the US to be able to stay another 6 months. If the visa is valid for 5 years, can they not extend their stay once they get here? I have NO earthly clue how the visitor visa works. Can someone please fill me in?

Thanks!

Their permitted time in the US will be determined by the date stamped on their I-94s when they enter on their 5 years visitor visa. The I-94 is the authorized time in the US. It could be 90 days, 6 months, or something else. The max time is 6 months. A visitor can apply to extend the permitted time in the US.

http://travel.state.gov/visa/temp/types/types_1262.html

Entering the U.S. - Port of Entry

A visa allows a foreign citizen coming from abroad, to travel to the United States port-of entry and request permission to enter the U.S. Applicants should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States. If you are allowed to enter the U.S., the CBP official will determine the length of your visit on the Arrival-Departure Record (Form I-94). Since Form I-94 documents your authorized stay in the U.S., it’s very important to keep in your passport. In advance of travel, prospective travelers should review important information about Admissions/Entry requirements, as well as information related to restrictions about bringing food, agricultural products or other restricted/prohibited goods explained on the Department of Homeland Security, Customs and Border Protection website. Upon arrival (at an international airport, seaport or land border crossing), you will be enrolled in the US-VISIT entry-exit program.

Staying Beyond Your Authorized Stay in the U.S. and Being Out of Status

It is important that you depart the U.S. on or before the last day you are authorized to be in the U.S. on any given trip, based on the specified end date on your Arrival-Departure Record, Form I-94. Failure to depart the U.S. will cause you to be out-of-status.

Staying beyond the period of time authorized by the Department of Homeland Security (DHS) and being out-of-status in the United States is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travels to the U.S. Select Classes of Aliens Ineligible to Receive Visas to learn more.

Staying unlawfully in the United States beyond the date Customs and Border Protection (CBP) officials have authorized--even by one day--results in your visa being automatically voided, in accordance with INA 222(g). Under this provision of immigration law, if you overstay on your nonimmigrant authorized stay in the U.S., your visa will be automatically voided. In this situation, you are required to reapply for a new nonimmigrant visa, generally in your country of nationality.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=cab23e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=cab23e4d77d73210VgnVCM100000082ca60aRCRD

Extend Your Stay

If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.

You may apply to extend your stay if:

You were lawfully admitted into the United States with a nonimmigrant visa

Your nonimmigrant visa status remains valid

You have not committed any crimes that make you ineligible for a visa

You have not violated the conditions of your admission

Your passport is valid and will remain valid for the duration of your stay

You may not apply to extend your stay if you were admitted to the United States in the following categories:

Visa Waiver Program

Crew member (D nonimmigrant visa)

In transit through the United States (C nonimmigrant visa)

In transit through the United States without a visa (TWOV)

Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa)

Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)

For information on how to apply, see the “How Do I: Guides for Nonimigrants” link to the right.

[Boiler 45,468]

They are just visiting?

[Amanda & Raad 0]

Yes they will be just visiting. We are trying to have a baby and we wanted my mother-in-law to come after delivery to help me with the baby and possibly stay a while after so we wouldn't have to look for a daycare immediately. My husband thought that she could just stay for 6 months, exit the country & come right back for another 6 months. But as I see this is not possible.

So since her visa is for 5 years & she comes to visit & they let her stay 6 months I can try to get an extension on her stay or she has to go back...how often during the 5 years can she visit? Or is it 6 months max (unless extension granted) during the 5 year validity of the visa?

[Boiler 45,468]

She can visit, she can not work.

She has the wrong visa if she wants to do child care.

[Noah Lot 391]

Yes they will be just visiting. We are trying to have a baby and we wanted my mother-in-law to come after delivery to help me with the baby and possibly stay a while after so we wouldn't have to look for a daycare immediately. My husband thought that she could just stay for 6 months, exit the country & come right back for another 6 months. But as I see this is not possible.

So since her visa is for 5 years & she comes to visit & they let her stay 6 months I can try to get an extension on her stay or she has to go back...how often during the 5 years can she visit? Or is it 6 months max (unless extension granted) during the 5 year validity of the visa?

babysitting so you can return to work and avoid daycare costs is NOT ALLOWED by B2 visa holders, and it does not matter if the child care is on behalf on a relative nor whether or not you hand her cash for doing so...(the way to view it is this: if she wasn't there, you would have to hire a nanny or pay for daycare, ergo, she would be depriving someone else of their livelihood, and that is considered work)...

and whether or not you agree with this concept is not relevant to the actual law.

Also, back to back 6 month 'visits' are not the usual amount of time spent by legitimate 'tourists.'

Spending an entire year 'visiting' is nothing short of ludicrous, since few people can leave their situation in their own country for that amount of time.

Our border officials routinely admit people for 6 months to avoid additional paperwork for extensions and other things to make the admissions process easier....but...back to back 6 month 'visits' is a sure fire way to get her visa cancelled.

[Harsh_77 718]

No she would not be able to just return back after 6 months stay and come back right away for another 6 months.

Legally and technically she can, but most likely would be denied entry.

Also as mentioned in earlier post, she is only allowed max upto 6 months in western Hemisphere and actually how long she can stay in US is decided by the CBP officer at the time of entry it can vary anything from 1 wk to 6 months.

[MalaysianGirl 26]

If the CBP officer at the POE suspects something, he/she may only give your in-laws one month! Be careful, OP. All the best.