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Time between trips to US on B1/2 visa

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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?

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Filed: K-1 Visa Country: Wales
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No entry to the US is guaranteed, I take it she is retired?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Canada
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To answer your question, yes she can have problems.

good luck

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178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

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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?

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

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Filed: K-1 Visa Country: Wales
Timeline

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

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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?

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Filed: K-1 Visa Country: Wales
Timeline

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

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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.

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Filed: Lift. Cond. (pnd) Country: India
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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)

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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.

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Filed: Lift. Cond. (pnd) Country: India
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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.

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..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.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Filed: Other Country: Russia
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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.

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