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Dr Mirage

Staying close to within 6 months on a B1/B2 Visa

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My mother (a US Citizen) has pettioned for my brother under I-130 petition and his priority date is within 2 years.

He has a B1/B2 visa which is valid for 10 years.

Is it illegal for him to be staying in the US for 5 months on vacation and going back home for a few weeks then entering the US again for another 5 months.

Thanks.


ROC Filing date : 10-20-2010

NOA date for I-751 : 10-21-2010

I-751 Biometrics Appt Date: 12-01-2010

I-751 Approval : 02-08-2011

Green Card Received Date : 02-15-2011

AOS Filing date : 06-12-2008

NOA date for I-485 : 06-19-2008

I-485 Biometrics Appt Date : 07-17-2008

Interview Date : 12-05-2008

Approval Date : 12-05-2008

Green Card Received Date : 12-17-2008

EAD Filed Date : 06-12-2008

EAD NOA Date : 06-29-2008

EAD Biometrics Appointment Date : 07-17-2008

EAD Approved Date : 08-18-2008

EAD Card Received : 08-29-2008

AP Filed Date : 07-31-2008

AP NOA Date : 08-04-2008

AP Approved Date : 09-16-2008

AP Date Received : 09-22-2008

K1 I-129F Sent : 08-22-2007

I-129F NOA1 : 10-03-2007

Touch (RFE Trick) : 02-01-2008

I-129F NOA2 : 02-01-2008

Touch : 02-03-2008

NVC Received : 02-11-2008

NVC Left : 02-19-2008

Consulate Received : 02-25-2008

Interview Date : 04-22-2008

Visa Received : 04-26-2008

US Entry : 05-02-2008

Marriage : 05-16-2008

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What you propose is not illegal, but is risky.

It's risky because the Immigration Officer has the discretion to allow or deny entry.

I can totally understand why your brother would want to try this, we thought about it too, but he should realize that it is in no way original.

That said, all visitors to the US are considered intended immigrants, unless proven differently.

So your brother needs to prove each time that he is only visiting, and that he has a good reason to return to PI.

Good reasons would be a verifiable job, lease agreement, or something else that BINDS him to return to PI.

Good luck


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Our Visa Journey

2006-11-01: Met online through common interest in music - NOT Dating Service

2007-01-28: Met in person in Paris

2007-10-02: Married in Tokyo

2008-07-05: I-130 Sent

2008-08-13: NOA2 I-130

2008-10-02: Case Complete at NVC

2008-11-04: Interview - CR-1 Visa APPROVED

2008-12-11: POE - Chicago

2009-01-12: GC and Welcome Letter

2010-09-01: Preparing I-751 Removal of Conditions

2011-03-22: Card Production Ordered

2011-03-30 10 Year Card Received DONE FOR 10 YEARS

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Thanks for the reply. Apprecaite it.

My brother is a mentaly retarded (handicap).

He was denied on his first interview for his renewal of his 10 year B1/B2 visa 2 years ago.

The consulate knew that he was staying in the US and travelling back to Manila often. I believe he traveled to the US over 18 times during that 10 years with his B1/B2 visa.

Basically he has been staying in the US and flying back to Manila before his I-94 expires.

On his next interview this spring, I was able to go to the US Embassy in Manila and accompany him and he was very lucky to be given another 10 year B1/B2 visa.

I heard its difficult sometimes to get a B1/B2 visa because he is under petition.


ROC Filing date : 10-20-2010

NOA date for I-751 : 10-21-2010

I-751 Biometrics Appt Date: 12-01-2010

I-751 Approval : 02-08-2011

Green Card Received Date : 02-15-2011

AOS Filing date : 06-12-2008

NOA date for I-485 : 06-19-2008

I-485 Biometrics Appt Date : 07-17-2008

Interview Date : 12-05-2008

Approval Date : 12-05-2008

Green Card Received Date : 12-17-2008

EAD Filed Date : 06-12-2008

EAD NOA Date : 06-29-2008

EAD Biometrics Appointment Date : 07-17-2008

EAD Approved Date : 08-18-2008

EAD Card Received : 08-29-2008

AP Filed Date : 07-31-2008

AP NOA Date : 08-04-2008

AP Approved Date : 09-16-2008

AP Date Received : 09-22-2008

K1 I-129F Sent : 08-22-2007

I-129F NOA1 : 10-03-2007

Touch (RFE Trick) : 02-01-2008

I-129F NOA2 : 02-01-2008

Touch : 02-03-2008

NVC Received : 02-11-2008

NVC Left : 02-19-2008

Consulate Received : 02-25-2008

Interview Date : 04-22-2008

Visa Received : 04-26-2008

US Entry : 05-02-2008

Marriage : 05-16-2008

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Your brother can stay in USA a year on his B1/B2!!!

I did the same what you have to do is extend the visa before the I/94 expires.

Every time you enter USA on a B1/B2 visa you are automatically allowed to stay in the country for 6 months!!


2008-05-06 I-129F sent

2008-05-10 Delivered to NVC 3:12pm

2008-05-20 NOA1

2008-05-23 Touched

2008-06-26 Touched

2008-06-27 Touched

2008-09-07 NOA2

2008-09-11 Received at NVC

2008-09-12 Left NVC

2008-09-18 Consulate received

2008-09-25 Pkt3 Received

2008-09-28 Pkt3 Returned

2008-09-30 Pkt4 Received

2008-10-09 Interview

2008-10-13 Medical

2008-10-24 Visa Received

2008-10-30 Fying home to my Jonathan

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