"Renewing" tourist visa stay

[Burebista 3]

My Romanian wife immigrated here last September with a CR-1 and she brought her mother, who has a tourist visa. Her mother can stay in the USA for 6 months before she has to leave the country. It has been our understanding that all her mother has to do is leave the USA and then she can come right back in. We were thinking of traveling to Arizona, entering Mexico, and then coming back in. Is this a problem, a Romanian citizen with a U.S. tourist visa, entering Mexico only to come right back into the country? Are there preparations we need to take before crossing into Mexico (and will Mexico even allow her into the country?).

Thanks in advance for any help provided.

[canadian_wife 1,791]

This 'step out' plan you have probably won't work. Because in 1 calendar year your MIL will be in the US for approx 364 days correct? The CBP is aware of this and will probably refuse her entry. She already has spent 6 months in the US, expect difficulties when returning

Good luck

[GandK 168]

Technically, you are allowed but it will likely not work. The CBP knows the the drill and will pull her for questioning. Be prepared to give a really good explanation why you pop in and out on the same day and are staying in the US semi-permanently.

Here is the legal way to extend the tourist visa

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=cab23e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=cab23e4d77d73210VgnVCM100000082ca60aRCRD

You must be able to prove that you have financial resources to support your extended stay in the US.

If you choose to do the visa run to mexico, I would prepare documents to show that your mother-in-law intends to return to her country in the next 180 days such as return flight ticket and etc.

[Penguin_ie 5,986]

Going to Mexico or Canada for a day or two isn't supposed to work, but I have seen it working for visa waiver programs. Not sure about B2- keep in mind a tourist visa is to visit, and the general rule is that she has to spend more time outside the country than in. Thus, even if they do let her in after a few days in Mexico, she may only be given a week or two in the USA until she has to leave for a long time.

[Enigma11561 336]

Can a Romanian citizen legally enter Mexico? Does she need a visa from her home country? I do not know if her US tourist visa, which will expire in February, will allow for a re-entry back to the US, regardless of how many days. Go to Colorado or New Mexico or even Utah. Much prettier.

[Burebista 3]

Thanks for all the speedy replies. I also found more clarification here:

My link

[canadian_wife 1,791]

I can't get your link to work, I'd love to see the final answer

Good luck

[Burebista 3]

Strange. When I post the link, part of the link shows as "removed"

Edited January 16, 2012 by Burebista

[canadian_wife 1,791]

Can you cut and paste your answer into this reply?

good luck

[canadian_wife 1,791]

Ok so what does it say?

[Boiler 43,506]

As long as she has no intention of visiting the US any time soon, there is no harm in trying that.

[Burebista 3]

Ok so what does it say?

I'd copy/paste it if I could, but the website doesn't allow me to copy text. There's a lot on the page and I'm not going to type it all here. I just did a Google search for "Tourist visa" & Extension, and it was the first or second hit

Tourist Visa Extension Google Results

[I AM NOT THAT GUY 5,715]

I'd copy/paste it if I could, but the website doesn't allow me to copy text. There's a lot on the page and I'm not going to type it all here. I just did a Google search for "Tourist visa" & Extension, and it was the first or second hit

Tourist Visa Extension Google Results

You could post a screenshot. I checked the site, it basically says what has already been said here.

[Burebista 3]

I failed to mention that her visa is good for 10 years. Does this make any difference? It's not really an extension, I don't think.

[aaron2020 11,651]

I failed to mention that her visa is good for 10 years. Does this make any difference? It's not really an extension, I don't think.

A visa permits her to enter the US. It cannot guarantee her entry to the US. With a valid 10 years visitor visa, she can still be refused entry if the IO finds that she is abusing the visitor visa to live in the US. If she is allowed to enter the US, she will be issued an I-94. Her allowable time in the US is up when the I-94 expires. The max time for an I-94 is six months.

How are you proposing she enters Mexico (or Canada - I know this was brought up by another poster and not the OP)? Does she have a visa to enter another country? Even if you could get her into another country, what are you going to do if she is refused entry back into the US? This is a deeply flawed plan. Don't even bother.

-----------

Your MIL can apply for an visitor visa extension. If it is granted, she can stay. If it is not, then she will have to leave.

There are several consequences for a denial;

Denial & I-94 has not expired. She can stay until her I-94 expires.

Denial & I-94 has expired. She will need to leave immediately. In addition, her 10 years visitor visa is automatically voided; she would need to reapply for a visa.

---------------

If you could get an extension for your MIL, she will be in the same situation in another 6 months.

If your thinking is that if she is allowed to continually leave for a day and come back to the US for six months, she is merely visiting? Are you planning on her doing this until her daughter becomes a US citizen so she can petition for her mother? This is not going to pass the smell test. Common sense is that she is abusing the visitor visa to live in the US.

It will take your wife at least 3 years as an LPR to get her US citizenship. It will take another 6 months to go through the citizenship process. That's a very long time to do the leaving for a day, returning on a 10 years visitor visa, etc.

Also, don't underestimate the intelligence of the US bureaucracy. While sometime ineffective, USCIS and the State Department are well aware of these tactics to abuse visitor visas to live in the US.

If your MIL abuse the visitor visa, she is going to have a hell of a time adjusting her status when her daughter petitions for her. It will be held against her.

==========

Send your MIL home. Don't try to game the visitor visa system because it will bite her in the ####### when she applies to live here permanently.

The purpose of the visitor visa is not for a person to live in the US.

Edited January 17, 2012 by aaron2020