Visitor Visa

[tanyanpc 2]

Hello,

 

I apologized if this question has been answered on this forum before. This forum was very helpful when I was getting paperwork for my mom's visitor visa.

She got a visa for one year with a capital M. I assume it means multiple entries. I understand  that she can enter US several times during this year but her combined stay in US should not be longer than 6 months. Could she stay in US longer than 6 months under any conditions in one year period? 

When could she applied for another visa? 

If she decides to apply for adjustment of status for a green card while being here on B1 visa how long would it take to get a green card?

 

My questions may be very basic but I really appreciate all your help and expertise.

 

Thank you. 

 

 

[geowrian 22,338]

1 minute ago, tanyanpc said:

I understand  that she can enter US several times during this year but her combined stay in US should not be longer than 6 months. Could she stay in US longer than 6 months under any conditions in one year period? 

Incorrect. She can stay for s long as CBP permits her to stay. There is no limit to how long somebody can stay within a year, only limits per visit.

 

That said, spending too long in the US raises suspicion that she is abusing her visa to live in the US, not visit. CBP may deny entry if so. This is a discretionary decision by the CBP officer. The general rule of thumb is to spend more time outside the US than inside it, with twice as much being preferential.

 

Also note that spending over half the year in the US within a single tax year may have tax consequences and/or residential consequences back home.

 

4 minutes ago, tanyanpc said:

When could she applied for another visa? 

Anytime.

 

4 minutes ago, tanyanpc said:

If she decides to apply for adjustment of status for a green card while being here on B1 visa how long would it take to get a green card?

It would be fraud for her to use a tourist visa to enter with intent to adjust status.

[britishandusa 446]

No, she cannot stay past her 6 months. The length her stay is determine by CBP at the border, it is not always 6 months,

 

It is fraud to come over on a tourist visa and adjust status. The visa can be revoked and your mum will be permanently banned if she plans to do this.

[Boiler 46,075]

I remember the previous posts her Mother has very strong ties so would not be able to stay.

[aaron2020 11,651]

2 minutes ago, Boiler said:

I remember the previous posts her Mother has very strong ties so would not be able to stay.

How strong are mom's ties when she is considering adjusting status for a green card?

[Unlockable 7,315]

11 minutes ago, tanyanpc said:

Hello,

 

I apologized if this question has been answered on this forum before. This forum was very helpful when I was getting paperwork for my mom's visitor visa.

She got a visa for one year with a capital M. I assume it means multiple entries. I understand  that she can enter US several times during this year but her combined stay in US should not be longer than 6 months. Could she stay in US longer than 6 months under any conditions in one year period? 

When could she applied for another visa? 

If she decides to apply for adjustment of status for a green card while being here on B1 visa how long would it take to get a green card?

 

My questions may be very basic but I really appreciate all your help and expertise.

 

Thank you. 

 

 

She can't stay pass her allotted time. Also, 6 months is the average, however it is not the given. Meaning the officer at the port of entry could only give her 1 month stay. Then she would have to leave before a month has passed.

 

Keep in mind that your mother only has a 1 year visa. Usually, visitor visas are for 10 years. Her only getting a 1 year visa means they may suspect she is a risk or overstaying yet still allowed her to have the visa as a trial or probation period. You should really consider your mother using her visa sparingly. If she is here for 6 months and she wants to extend it, it will only heighten the suspicions. 

 

Also, applying for AOS on a visitor visa takes time. It is not an instant process. Meaning it would take longer than the maximum allotted time of 6 months. Which would result in her overstay.

 

But the most important thing to remember is she should not plan to use the visitor visa to come and AOS. That is visa fraud. If she is already in the US and decided to AOS then that is ok. But planning to AOS beforehand is a big no-no.

[WeGuyGal 1,052]

M mean multiple entries. But the length of each visit is determined by CBP when she reaches a US border; could be 6 months, could be less.

 

It's hard enough for Belarus nationals to get a US visa. You mom should consider herself lucky to have a visa and not abuse that privilege by staying longer than authorized, or by adjusting status. A visitor visa is for temporary visits, then returning home. 

[geowrian 22,338]

41 minutes ago, NuestraUnion said:

Keep in mind that your mother only has a 1 year visa. Usually, visitor visas are for 10 years. Her only getting a 1 year visa means they may suspect she is a risk or overstaying yet still allowed her to have the visa as a trial or probation period.

The max validity period for a B-1/B-2 for Belarus nationals is 1 year.

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Belarus.html

Edited January 24, 2019 by geowrian

[SusieQQQ 11,587]

if she is seen to be abusing her visa by staying too long in the US, it will be revoked.

 

Remember she needs to answer questions by immigration officials truthfully, so if she plans to adjust status on a visit, she needs to tell the CBP officer at the port of entry that is what she plans to do when asked purpose of visit.

 

If you want her to move to the US, file an i130 and do it properly. 

Edited January 24, 2019 by SusieQQQ

[WeGuyGal 1,052]

Wonder what prevented OP from filing an I-130 when posting as a Naturalized citizen asking about visitor visa for mom 2+ years ago. Potential AOS question seems conveniently timed around B2 entry. 

[tanyanpc 2]

Thank you very much for all your replies. This information is very helpful. I did not know that AOS would be an immigration fraud. 

It seems that my cancer is taking turn for the worse. I would like my mom to stay with me when I become very ill. It could be in 2 months or 2 years.  My mom has no interest in living in US. I could've got her long time ago here. 

 

She is here and was allowed to stay for 6 months. I still have a couple of questions to plan her visit.  We plan, God laughs, so to speak. 

 

If I understand your replies correctly, she could extend her stay beyond allowed 6 months with certain circumstances. Is it right?

 

Could she leave US in 2 months, instead of 6 months, and come back later within her visa expiration date? 

 

I have no idea how much one is allowed to travel between US and another country on a visitor visa. That is why I asked about AOS. 

 

Thank you again for your time answering my questions.