B1/B2 need to go home?

[Roel 7,192]

Basically if they keep traveling back and forth every 6 months, on one day they will simply be deny entry to the USA and their tourist visas will be revoked. Not a fun experience. 

 

Also the name "tourist visa" should give you a hint. You can't work or permanently live in the US. Period. 

[Unlockable 7,314]

8 minutes ago, angelalahavok said:

I know but citizens cannot petitions for in laws

 

5 minutes ago, angelalahavok said:

I know they cannot work but just figured I'd ask as I know nothing about this type of visa

 

It is ok for you to ask because you did not understand and are trying to figure it all out.

 

But the realization is that your in-laws can not permanently live here legally with your current plan. You will have to wait until your spouse becomes a citizen in order to petition for them. 

 

In the meantime they will only be limited to short visits. Anything more than that could jeopardize their ability to visit you in the future. But your questions have already been answered....

• They cannot stay longer than their allotted time
• They cannot continue frequent visits
• They are not allowed to work
• They will not be eligible for health coverage outside of travelers insurance

Now that you know these rules you can use it accordingly.

[meiliani 10]

Hi, 

Here's one example... maybe two...

My in laws were granted 5 years B1/B2 Visa. They came here last year in December, stayed here til March even though their I-94 stated valid til June.

Another scenario: my friend was granted again 5 years Visa but her I-94 only stated valid for 1 month. 

Both my in laws and my friend cannot work here as well as getting a health insurance. 

 

 

[geowrian 22,337]

27 minutes ago, angelalahavok said:

I guess I'm not understanding why it's for up to 5 yrs if they can only stay 6 months. Or they can come back but not til like a year later after they return to their country?

The visa is valid for 5 years. Their duration of stay for any single trip is capped at 6 months during POE, and is determined by CBP when they are admitted to the US. So somebody can visit, for example, 1 week once every 2 months for up to 5 years on that visa fine (assuming it's multi-entry and CBP doesn't see any issue with it).

 

They cannot live or work in the US. If CBP believes that they are abusing their visa and living in the US, they will deny entry (and be forced to pay for the return flight). Typically after an extended stay of like 6 months, they won't be admitted again for quite some time...maybe 9 months on the low side and 12+ months more conservatively? Nobody can say for sure as it's a decision CBP makes during entry based on the totality of the circumstances.

[Going through 5,671]

Also, during frequent visits, the officer at the border also has the discretion to put a cap on how long that visit must be for (for example they stayed 6 months on one visit, left for a month or so, and then came back...the officer can mark in the passport that they are authorized to stay this time for only 30 days or so if the officer chooses to.  If so, that overrides the normal 6-month allowance per trip)

 

That's why it's never a good idea to stay long on a tourist visa----the person may find out they'll be leaving sooner than they think the next time they come back.

 

How long do your parents plan on visiting the first time they come to the US?  If for more than a month, have they thought about money to pay for expenses, who's going to watch their home while gone, etc.?

[KULtoATL 1,551]

2 hours ago, angelalahavok said:

I guess I'm not understanding why it's for up to 5 yrs if they can only stay 6 months. Or they can come back but not til like a year later after they return to their country?

The visa is valid for 5 years and it allows the visa holder to make multiple visits within that timeframe only. After the validity ends, if they want another B2, they'll have to re-apply. 

 

As many others before me have clearly pointed out to you, the duration of each entry using the visa is decided by the CBP officer at the POE. The time given is usually up to 6 months, it could be less for some. 

 

If granted 6 months at POE, it is unwise to stay in the US all of those 6 months to avoid accidental overstay (e.g. flight purchased for the last day of the 6 months given and then flight is delayed and they are stuck waiting at the airport for a flight that will only depart a day after their allowed 6 months) OR to be viewed as living in the US by the next CBP officer at their subsequent entry into the US.

 

Frankly, frequent visits coupled with long stays on a B2 will cause suspicion. They are as good as living part time in the US. And don't forget the tax implication! Aside from that, overstaying on a B2 will incur them a bar from entering the US and their visa may be revoked. So, your parents-in-law better use their B2 wisely. A B2 does not come by easily but it will be taken away very easily and swiftly for any suspected abuse or fraud.

 

Your husband and you ought to consider petitioning them to become LPR. That's the only legal way for them to move, live and work in the US legally. Even with LPR status, they need to maintain their presence within the US to risk the green card being revoked due to suspected abandonment of their US domicile. 

 

 

 

[Sunnyland 639]

3 hours ago, Springrain22 said:

Tourist visa is for short stay. Be careful with it. It's very easy to earn a ban and be enable to enter the US next time for 5 or 10 years.

 

I think you mean unable to enter. 

 

Regarding to this post. I see lot of people that have that misconception. They think they can stay in US for the validity of that tourist visa. For example, my mom was granted with a 10 year tourist visa but obviously that does not allow her to come to US and stay for 10 years. You have to spend more time in your home country than in US. Simple.

Edited August 14, 2017 by Sunnyland

[Going through 5,671]

3 hours ago, mcdull said:

You are going to a club that opens at 10pm and closes at 3am.

 

This doesn't mean you have to stay there for the whole duration. 

 

You are mistaken validity for duration.

 

The visa is good for 5 years, which means within a five-year frame, your parents could come to the US as a SHORT TERM visitor multiple times. It doesn't authorise them to stay for 5 years.

 

 

Your club hours analogy was the best way I've ever seen this explained to someone in simple terms  

[Longingfor 195]

4 hours ago, angelalahavok said:

Hi my parents in law have B1/B2 visa for 5 years and my husband thinks they need to go back to their country after 6 months then a couple months later come back to US and can stay for the rest of the time, is this true? Also is B1/B2 eligible for working or health insurance? Thank u

You state go back after 6 months which indicate to me that they have already overstayed. This may incur a ban. It is best to use the visa as it is meant. To visit for vacation purposes or short business trips. Your husband needs to petition for his parents to live in the USA.  

[Going through 5,671]

2 minutes ago, Longingfor said:

Your husband needs to petition for his parents to live in the USA

The husband is not a USC.  He cannot petition them.

[Boiler 45,486]

This has to be a wind up.

[NikLR 13,227]

People, you do NOT get a BAN for overstaying for 1 day!  

A b1/b2 can normally stay up to 180 days, not 6 months. 

Overstay is as follows:

180-364 days of overstay = 3 year ban.

365+ days of overstay = 10 year ban. 

These are days PAST when you were supposed to leave, which unless you're Canadian, generally is stamped on your passport.  

 

A visit may be stamped for less than your planned stay but generally will be when your flight is supposed to go back. 

Edited August 15, 2017 by NikLR
TY boiler

[NikLR 13,227]

However overstaying even 1 day could cause your visa to be revoked and entry denied next time.  But this is not a ban. 

[Boiler 45,486]

3 and 10

 

Visa auto cancelled.

[Ontarkie 14,221]

Here's another way to look at the length of time they make these visas. 

 

If you apply for a visa and you get a 5 yr or a 10 yr visa. It's like for the next 5 yrs they waive the interview and you get to visit for short periods during that time. Isn't that better then applying each time you want to go visit someone and risk getting denied after you have one 2 week visit? They are giving the benefit of doubt that the person will not abuse it.