Time allowed for tourist visa

[John Stone 0]

57 minutes ago, Boiler said:

With all those Grandchildren is it realistic to expect her to come back so soon?

Who wouldn't want to be there at the birth of a new grandchild? Life is very precious. Before the 20th century, half of children died shortly after birth. And, even in 1st World countries, no one is promised tomorrow. The better question is who wouldn't want to be there at the birth of a child? Hopefully, no one I call a family member. 

[Boiler 48,238]

She has nearly spent 6 months here and as children do not just pop out seems odd timing taking into account her other responsibilities.

[Suze1 366]

The personal reason she wants to be here (grandchild birth) is not the primary issue at the immigration services; her use of the visa that she was granted is a primary issue. If she is perceived as abusing it, they can deny entry, or worse. 

Bottom line she is spending a lot of continuous time in the US. That is not what a "visitor's visa" is for.

On the other hand, I suspect she could be allowed back in. But for another six month visit so soon...that might be her last time doing that.

So, to be safer, make it a shorter visit, and give it some time after this visit, if she does try to come in, and succeeds. 

And, congrats, in advance.

Edited January 7, 2020 by Suze1

[jaysaldi 213]

10 hours ago, John Stone said:

Read all your comments and the entire link. It is my wife's 65 year old mom. I know it doesn't matter much but she won't be visiting to marry, haha. 

It's very common for grandparents, especially from India, to visit the USA for months at a time providing child care for their American grandchildren. And this is a reason for CBP to revoke their visas and deny them entry, for "working" in the USA.  

 

 

9 hours ago, John Stone said:

She's got 7 other young grandchildren so staying here longer than six months in a 365 day period is not really feasible. 

You said she just stayed for six months and wants to come back again in a few months. It sounds like it is feasible for her to spend more than six months in a 365 day period and that is her intention. If CBP gets concerned that she is spending too much time in the USA and might overstay, her saying she has seven grandchildren in the Philippines isn't going to move the needle. The fact that she is spending 6+ months in the USA within a year just hanging out is pretty good evidence that she's not all that involved with raising the seven grandchildren in the Philippines.

 

 

8 hours ago, John Stone said:

Who wouldn't want to be there at the birth of a new grandchild? Life is very precious. Before the 20th century, half of children died shortly after birth. And, even in 1st World countries, no one is promised tomorrow. The better question is who wouldn't want to be there at the birth of a child? Hopefully, no one I call a family member. 

The vast majority of grandparents the world over do not fly 6,000 miles to be present for the birth of a grandchild. This does not make them bad grandparents unworthy of being a member of the family.

 

Your mother in law has two choices here. She can push her luck and try to come back in a few months and risk being denied entry and having her visa revoked. Or she can wait at least six moths while and try to come back for a reasonable period of time and she'll probably be allowed in again.  But it's important that she not say that she'll be caring for the newborn or babysitting or watching the child when the parents are out of the house.

Edited January 8, 2020 by jaysaldi

[Ontarkie 15,076]

~~Moved to Tourist Visas, from Bringing Family of PR - the Topic is visiting~~

[geowrian 22,344]

Sounds like a good moment for reviewing the TOS: https://www.visajourney.com/terms-of-service/

[Ban Hammer 14,701]

3 posts have been removed.  do not start drama in this thread.

offer constructive advice or do not post. 

[SusieQQQ 11,590]

Back to basics.

One of the most important factors in getting a B visa/using it to enter is to show ties to home country.

hard to argue you have those ties when you are in the US for 6 months, out a short time, try to come back for 6 months.

as above, she may meet a lenient cbp Officer. But she may not.

[beloved_dingo 2,005]

Too little too late at this point, but it would've been better for her to stay a shorter amount of time on this current visit, thus making it more feasible to stay a few months for the upcoming birth of this grandchild. Since she stayed 6 months already and hasn't even left yet, so if she absolutely insists on trying to return in a few months it would be best to keep the next visit short and already have a return ticket to lessen the chances of having issues upon arrival. There is still a risk she'll be denied entry, but you can lessen that risk with a round-trip ticket and a visit that is, for instance, less than a month long. As others have said, it's completely up to the CBP officer whether she'll be admitted.