Time between trips to US on B1/2 visa

[Lelyze 49]

Hi VJ community.

My mom has a 10 year tourist visa. She was visiting us for holidays last december and she stayed for two months (dec and jan). We're planning for her to come again in the end of May, and stay another couple of months. My question is, can she have problems entering US after there was only 3 months between her trips?

[Boiler 45,516]

No entry to the US is guaranteed, I take it she is retired?

[canadian_wife 1,822]

To answer your question, yes she can have problems.

good luck

[Lelyze 49]

Yes she is retired, and has health issues, so she usually travels in a wheelchair. My dad is staying back in my home country, so she has strong ties to Bosnia.

Is there anything we can do on our part to make sure she can overcome those problems?

[KierenHby 899]

Although no B2 entry is ever guaranteed, shouldn't face any problems based on the description.

[Boiler 45,516]

With my Mother is a similar sort of situation the limiting factor was the cost and availability of Travel Insurance.

[Lelyze 49]

One of the reasons I would like her to come so soon, is that I'm going through some medical treatment in June and July, and I would love to have her by my side during that time. Would explaining that to cbp help?

[Boiler 45,516]

I doubt if the issue would arise, if she is asked why she is visiting she has an answer.

[Lelyze 49]

I doubt if the issue would arise, if she is asked why she is visiting she has an answer.

Thanks Boiler, hope she will have no issues.

[MadeinIndia 2]

My aunt was here for 6 months, went to India for 3 months and came back. The officer at PoE warned her that she needs to keep some gap in between trips, minimum of 6 months. This scared her and she now plans to come only after a gap of 1 year just in case. If you mom was here just for 2 months and coming back after 4 months, she most probably would not have any problems nor be refused entry (I am sure you know this is just an opinion, not a legal advice). I think the best way to be safe is to make sure that in one year, your mom spends at least 6 months and 1 day in her home country and the rest here (even in multiple trips, the total days should not be more than the days spent in her home country)

[Lelyze 49]

My aunt was here for 6 months, went to India for 3 months and came back. The officer at PoE warned her that she needs to keep some gap in between trips, minimum of 6 months. This scared her and she now plans to come only after a gap of 1 year just in case. If you mom was here just for 2 months and coming back after 4 months, she most probably would not have any problems nor be refused entry (I am sure you know this is just an opinion, not a legal advice). I think the best way to be safe is to make sure that in one year, your mom spends at least 6 months and 1 day in her home country and the rest here (even in multiple trips, the total days should not be more than the days spent in her home country)

Thank you so much for your reply. She is not planing to stay more than 2 months now, and probably won't come back till next year. Our plan was to have her here 4 months every year, 2 in winter, 2 in summer this year, and all four months next year.

[MadeinIndia 2]

That should be fine. It is a multiple entry visa and she is free to enter multiple times but when someone spends more time in the US in a year than their home country, then it is a problem. Parents of lot of Indians I know come here every year and spend 6 months in the US and they never have any problem. If it is more than that, it becomes an issue.

[KierenHby 899]

..and spend 6 months in the US and they never have any problem.

..was here for 6 months, went to India for 3 months and came back. The officer at PoE warned her that she needs to keep some gap in between trips, minimum of 6 months.

See.. there can be problems.

The "parents of lot of Indians" can have issues with CBP if they travel too frequently with short durations overseas, aka aunt's scenario. B2s primarily issued for short visits to the US, and several "6-month visits" go against the spirit of the visitor visa.

OP should be fine though as I mentioned above.

[Dakine10 5,452]

Thank you so much for your reply. She is not planing to stay more than 2 months now, and probably won't come back till next year. Our plan was to have her here 4 months every year, 2 in winter, 2 in summer this year, and all four months next year.

A general guideline is not to spend (or attempt to spend) more than six months aggregate time in the USA as a visitor in any 12 month period. If someone attempts to spend more than six months (total) in the USA, questions are going to be raised about their residency because they will be spending less than half the year in their own country.

The timing of two smaller trips is usually not an issue in and of itself. When my mother in law retired, she often visited twice a year without any issues.