Help with my mother-in-law's multiple entry

[tapsemi]

My mother-in-law is in US on tourist visa. She will be completing 6months on Dec 28. I need to keep her here for another 6 months or so. If she goes back to India before Dec 28 and comes back again after 2 weeks will that be OK? What is the rule for reentry. FYI she has a valid multiple entry visa.

[shreekhand]

2 weeks might be a bit short, I know people who have returned in 2 months without issues.

BTW, you said you "need to keep her here..."... does she want to be here as well ?!!

[dealsnet]

No problem in coming back within 2 weeks. Don't expect to get 6 months in I-94. If you are lucky,they may give her 3 months of stay.

[sk.aggarwal]

BTW, instead of this, there is a process of extending tourist visa beyond 6 months. As long as you have applied for it, she can stay. If it is refused she will have to leave. I know someone who got extension for his parents this way. You may want to investigate this before spending money on air tickets

immi help dot com / visas / extend dot html

[thomachan72]

Originally Posted by tapsemi

My mother-in-law is in US on tourist visa. She will be completing 6months on Dec 28. I need to keep her here for another 6 months or so. If she goes back to India before Dec 28 and comes back again after 2 weeks will that be OK? What is the rule for reentry. FYI she has a valid multiple entry visa.

Really?????....
Just kidding..
Usually girls mothers are tolerated pretty well by men but definitely not vice versa

[The7zen]

Originally Posted by thomachan72

Really?????....
Just kidding..
Usually girls mothers are tolerated pretty well by men but definitely not vice versa

"Usually girls mothers are tolerated pretty well by men" - not for stay @ home dads

[LONGGCQUE]

This is a very interesting topic .. hahahaha

[vishwak]

You can extend her Stay using form I-539.

Go thru this link http://www..com/visas/extend.html

I believe you should try apply for extension imm.

But if she didn't get approval for extension she needs to leave Imm after getting denial notice. If approved all is well.

And if you are planning her to go out of country and come back. It all depends on place where she enters (Port of Entry & Imm Officer) how long you will get I94 and sometimes I heard they might give for 2-3 weeks only. So take wise decision.

[reddymjm]

Originally Posted by sk.aggarwal

BTW, instead of this, there is a process of extending tourist visa beyond 6 months. As long as you have applied for it, she can stay. If it is refused she will have to leave. I know someone who got extension for his parents this way. You may want to investigate this before spending money on air tickets

immi help dot com / visas / extend dot html

This got changed. If you don't get the extension or decision by the I94 expiry date you have to leave the country.

[dealsnet]

I am pasting Q & A from USCIS site.

What if I file on time but USCIS doesn’t make a decision before my I-94 expires?

If we receive your application before your status expires, and if you have not violated the terms of your status and meet the basic eligibility requirements, you may continue your previously approved activities in the United States (including previously authorized work) for a maximum period of 240 days, or until the first of the following occurs:
•
We make a decision on your application; or
•
The reason for your requested extension has been accomplished.

If your application for extension is denied after your previously approved stay has expired and you are still in the United States, you will be considered “out of status” as of the date your original period of stay expired. You must cease employment (if such employment was authorized) and depart the United States immediately. In addition, any nonimmigrant visa in your passport granted in connection with your classification becomes void. Once your visa is void, you must submit any new visa application at a U.S. consulate in your home country (not a third country, except in rare instances as determined by the U.S. Department of State).

[thomachan72]

Originally Posted by dealsnet

I am pasting Q & A from USCIS site.

What if I file on time but USCIS doesn’t make a decision before my I-94 expires?

If we receive your application before your status expires, and if you have not violated the terms of your status and meet the basic eligibility requirements, you may continue your previously approved activities in the United States (including previously authorized work) for a maximum period of 240 days, or until the first of the following occurs:
•
We make a decision on your application; or
•
The reason for your requested extension has been accomplished.

If your application for extension is denied after your previously approved stay has expired and you are still in the United States, you will be considered “out of status” as of the date your original period of stay expired. You must cease employment (if such employment was authorized) and depart the United States immediately. In addition, any nonimmigrant visa in your passport granted in connection with your classification becomes void. Once your visa is void, you must submit any new visa application at a U.S. consulate in your home country (not a third country, except in rare instances as determined by the U.S. Department of State).

In other words; its ok to stay past I94 date if application for extension is pending, however, if at all they deny it then the visa (B1/B2) itself becomes void!! I would say it is better to go out and come back.

[dassumi]

Originally Posted by tapsemi

My mother-in-law is in US on tourist visa. She will be completing 6months on Dec 28. I need to keep her here for another 6 months or so. If she goes back to India before Dec 28 and comes back again after 2 weeks will that be OK? What is the rule for reentry. FYI she has a valid multiple entry visa.

This is completely discretionary my friend. In my personal case, I was lucky to have my MIL come back in 3 months and get a 6 month stay while a friend of was not so lucky - his MIL got the duration of stay for 3 months. The officer at the point of entry makes the decision.

The only thing that you can do is give a good plausible reason during reentry and hope that it bodes well with the officer.

[dassumi]

Another option, though I don't recommend is that If you are in the border states like Washington or NY, you can try taking a road trip to Canada and re enter. You will need a Canadian visa. I have seen this being succesful with one of my friends, but in my case this was not successful.

Originally Posted by dassumi

This is completely discretionary my friend. In my personal case, I was lucky to have my MIL come back in 3 months and get a 6 month stay while a friend of was not so lucky - his MIL got the duration of stay for 3 months. The officer at the point of entry makes the decision.

The only thing that you can do is give a good plausible reason during reentry and hope that it bodes well with the officer.

[tapsemi]

OK, thanks everyone for your posts. Yes, I am aware that I can file for extension. However I came to know that the exact duration of extension can vary from 1months to 5months depending on the reason cited and the officer reviewing the case. I thought if she goes out to India and comes back to US in 2 weeks, she can get a 6month visa again. Is this not right? You see I have a 10month old infant and I find having my MIL taking care of her is much better and cheaper than keeping her at a day care.

So can anyone the following for me:
1) MIL goes to India and comes back in 2 weeks and then receives a 6month visa. Possible? (Yes/No)
2) We file for an extension of her tourist visa, with a cause that my wife is really sick now while managing her office and nursing the baby and needs some time to recover. hence we need another 6months extension. Feasible? (Yes/No)

[dassumi]

See my response below

1. Possible. Have a solid reason for return in 2 weeks. If you are stating your wife's health, provide supporting documents like doctors note and a cover letter from you. Such cases are audit magnets. There is a good chance they will send her to the back office for additional questioning. Is your MIL comfortable with the US Accent?

2. Back it with documentation and hope for the best.

Originally Posted by tapsemi

OK, thanks everyone for your posts. Yes, I am aware that I can file for extension. However I came to know that the exact duration of extension can vary from 1months to 5months depending on the reason cited and the officer reviewing the case. I thought if she goes out to India and comes back to US in 2 weeks, she can get a 6month visa again. Is this not right? You see I have a 10month old infant and I find having my MIL taking care of her is much better and cheaper than keeping her at a day care.

So can anyone the following for me:
1) MIL goes to India and comes back in 2 weeks and then receives a 6month visa. Possible? (Yes/No)

2) We file for an extension of her tourist visa, with a cause that my wife is really sick now while managing her office and nursing the baby and needs some time to recover. hence we need another 6months extension. Feasible? (Yes/No)