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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


  1. 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.


  2. 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.


  3. 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.


  4. 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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