Mother in law b1/2 visa exit and reentry help!

[Rachelngom 0]

Hi! My mother in law came to the us in December from Senegal. They gave her a 10 year b1/b2 visa but she has to leave every 6 months. The immigration officer said that it had to be by plane and Mexico doesn't count. How do I know what countries count? She doesn't need a visa to go to Dominica, can I take her there for a few days? I tried calling uscis and they weren't able to help me.

Thanks!!!

[Merrytooth 5,748]

A tourist visa is for visiting, not for staying in US. So she needs to stay out of US more that she stays inside US.

If the CBP thinks that she is using the tourist visa to live in US permanently, her b1/b2 visa will be cancelled and she will be put on the next immediate flight home.

[Merrytooth 5,748]

B-1 or B-2 visas: During your visit to the U.S., you may visit Canada or Mexico for up to 30 days and re-enter the U.S. as long as you re-enter within the period noted on the Form I-94 which you received when you first entered.

For instance, if you come to the U.S. on July 10 on a B2 Visitor Visa, you may go to Canada and/or Mexico (provided you have the proper documentation to enter those countries) on or after December 10, and reenter the U.S. any time up until January 10. But because the six month period is up on January 10, you will also have to depart from the U.S. on that same day to avoid being an "overstay" (unless you applied for an extension of stay).

Note: The six month period is computer generated from the day you arrived into the U.S. It is recommended that when making travel plans you not wait until the last day of your six month stay as unexpected emergencies can arise.

If you visit other countries such as England or Costa Rica, then return to the U.S., your re-entry will be considered to be a new admission, rather than a re-entry from a contiguous country in the course of your initial visit, and the admission inspection may be more strenuous. The CBP Officer inspecting you will want evidence that you intend to go back home to your country of citizenship to live as opposed to returning again and again to the U.S. after visits to other countries. Remember, a B1 or B2 visa allows you to come to the U.S. to visit. If the CBP Officer suspects that you are actually trying to be a de facto resident, you will be denied entry.

Re-entry is, of course, dependent on your continued eligibility to enter. If you have been arrested or committed an illegal act resulting in a warrant in your name since the time the visa was issued, you could be denied re-entry.

https://help.cbp.gov/app/answers/detail/a_id/751/~/traveling-to-other-countries-while-in-the-u.s.-on-a-b1-or-b2-visa

[christeen 966]

Agreed... The b1/2 is a tourist visa.... NOT a live in the USA visa ... It is a visa to visit.... Just leaving for a few days every 6 months is going to trigger the visa to be cancelled if it looks like the system is being exploited or circumvented... She needs to spend as much time outside the USA as inside. Mexico and Canada have treaties so they do to qualify...

[Ketsuban 1,034]

You might want to consider petitioning for an immigrant visa for her if you want her to live with you.

[Merrytooth 5,748]

Her spouse has to be a US citizen to petition for the mother (OP's Mother-in-Law).

[Boiler 45,966]

Senegal counts.

[Carla V 43]

Senegal counts.

Just wanna tell you, Boiler, I enjoy your posts and sense of humor so much !!!!!

OP, as others told you... since B1/B2 visas is for tourism, the best advice is to respect the time they allow your mother in law to stay in US and go back home, she can come back to visit you several times if she respect the visa terms. If they gave her six months, remember she needs to be out of the country more time than inside.... Good luck!!!!

Edited May 12, 2014 by Carla V

[Ryan H 3,828]

Moved from Bringing Family Members of Permanent Residents to America forum to Tourist Visas forum.

[Rachelngom 0]

We are working on her extension, but it's not submitted yet and we do need to leave the country by mid june. So does going to the Dominica count? Anything besides Canada and Mexico counts?

Right, my hubby isn't a citizen yet--he can apply in the next 6 months, but he can't petition for her yet. The only thing we can do is apply for the extension .

[belinda63 3,046]

You are correct that anywhere other than Mexico or Canada counts. The problem is there is no guarantee they will let her back in or for how long. Also if she leaves there is no point in filing for an extension as this would become irrelevant if she has a new entry.

Sounds like what you are trying to do is have her live in the US until your spouse becomes a citizen and then have her AOS from within the US. Very dangerous thing you are trying.

[Boiler 45,966]

We are working on her extension, but it's not submitted yet and we do need to leave the country by mid june. So does going to the Dominica count? Anything besides Canada and Mexico counts?

Right, my hubby isn't a citizen yet--he can apply in the next 6 months, but he can't petition for her yet. The only thing we can do is apply for the extension .

She came to visit 5 months ago, is not the simple solution to go home.

What would be the basis of any extension?

[Cathi 5,783]

You are correct that anywhere other than Mexico or Canada counts. The problem is there is no guarantee they will let her back in or for how long. Also if she leaves there is no point in filing for an extension as this would become irrelevant if she has a new entry.

Sounds like what you are trying to do is have her live in the US until your spouse becomes a citizen and then have her AOS from within the US. Very dangerous thing you are trying.

this ^^^^^^^^^^ Your mother in law is living in the US with her visitor visa, a BIG no no. No bueno. Be careful before she gets banned

[AnotherLostSoul 167]

Just wanna tell you, Boiler, I enjoy your posts and sense of humor so much !!!!!

OP, as others told you... since B1/B2 visas is for tourism, the best advice is to respect the time they allow your mother in law to stay in US and go back home, she can come back to visit you several times if she respect the visa terms. If they gave her six months, remember she needs to be out of the country more time than inside.... Good luck!!!!

CarlaV: I don't know why the box doesn't appear for me to leave you a message when quoting you...anyway, just wanted to join you on Boiler's comment...I always laugh at Boiler's comments...they are awesome!

[Ning 619]

Hi! My mother in law came to the us in December from Senegal. They gave her a 10 year b1/b2 visa but she has to leave every 6 months. The immigration officer said that it had to be by plane and Mexico doesn't count. How do I know what countries count? She doesn't need a visa to go to Dominica, can I take her there for a few days? I tried calling uscis and they weren't able to help me.

Thanks!!!

What really counts here is your ability to accept and understand the advise given by many members. You are trying to engineer a way to allow your MIL to immigrate to the USA. You are going to have to realize she cant live in the USA on a tourist visa so must live outside the USA longer than she is inside. A trip to Senegal for a few years would be good coming back to the USA for a few weeks each year.