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?
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.
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.
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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 email@example.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.
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.
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