Parent's Visa expires shortly but plan to stay longer - what to do

[bengalibabu 0]

Hi Guys,

I really need some help and advice from all the kind members here. My parents are in-laws are from India.

We are planning to invite my mother-in-law in November this year but her US tourist visa expires in Jan 2014. We would really like her to stay with us in Chicago for 9 to 10 months.

We can request for an extension after she arrives in US in January 2014. But I really prefer that she gets a new tourist visa before entering US so that she has new visa with validity for another 5 or 10 years or so.

Can you please suggest - how can she apply for new US visa while she has a current US tourist visa that expires in Jan 2014?

Thank you so much guys,

Atanu

[Harpa Timsah 13,258]

Her allowed time in the US is governed by the I-94 she gets when she enters. The I-94 can go longer than the validity of the visa itself. So no problem.

The problem you do have is that a tourist visa holder is not allowed to stay in the US for 9 or 10 months.

[CC90 90]

The visa just has to be valid on entry, not for the entire stay. Tourist visas are given a maximum of a 6-month stay upon admission, regardless of visa validity. Even if you arrive on the last day before the visa expires, you can still be given a 6-month stay.

As such, if you want her to stay longer than 6 months, you'll have to file an extension, which can only be granted for another 6 months.

Getting a new visa won't change anything.