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We are 3 brothers and sisters, 2 of us are in US on H1B and my brother is in india with my widow mom.

San Francisco, CA |

He is also coming to US on J1 visa next year to do his residency. Can he also bring our mom with him so that she doesnt have to go back to india till the time he is here in US? I read from the below mentioned link that its possible. Can someone please confirm? http://www.uscis.gov/USCIS/Laws/Memoranda/2011/August/Cohabitating_Partners_PM_081711.pdf

My mom is currently holds a 10 year multiple entry B1/B2 visa an has already been to US twice. This memoranda was out in Aug-2011. So, it's still fairly new. Can someone who have used this to extend the stay of their clients share their experience?

Attorney Answers 4

Posted

It is possible to obtain a B-2 visa for your mother under these circumstances, however, as set forth in the memo you reference, the decision to issue the visa is entirely within the discretion of the Consul, assuming your mother is otherwise admissible to the US.

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Posted

Confirm what? The existence of the memorandum? That is confirmed by its being available on the USCIS website. That the mother will be able to enter the US? That is up to the Department of State and the Department of Homeland Security to determine.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Asker

Posted

Comfirm that people were able to use this to extend the stay for their clients. It seems there is a mixed opinion about if this can be accomplished inspite of the Memoranda being in place.

J Charles Ferrari

J Charles Ferrari

Posted

The memo guarantees nothing. It simply makes an admission of up to a year possible, but the final determination is always that of the admitting officer.

Asker

Posted

Agreed, nothing in visa world is a gurantee, its just a possibility.

Posted

Since your mother already has a tourist visa she will be able to enter the US with her visa as long as it is still valid. However she will have to leave at he end of her stay which is usually 6 months. It is always best to consult an immigration attorney.

Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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Posted

She can only stay for a few months on the B1, then has to return to India. Unfortunately you cannot sponsor her till you become a citizen.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

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Asker

Posted

I am confused memorandum says "DOS guidance directs consular officers to notate the B-2 visa with the principal nonimmigrant’s visa type and duration, and to advise the B-2 visa holder to seek admission for one year at the point of entry if the B-2 visa holder plans to stay in the United States more than 6 months. Applicants may also seek extensions in six month increments from the Department of Homeland Security (DHS) for the duration of the principal alien’s nonimmigrant status."

Anu Gupta

Anu Gupta

Posted

Never heard of anyone getting a one year stay on a B2. You generally end up with 6 months, then if you have justifiable reason, you apply for an extension for another 6 months. Then you need to go back.

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