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

Asked about 1 year ago - 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/...

Additional information

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. Daniel Patrick Hanlon

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  3. Anu Gupta

    Pro

    Contributor Level 19

    3

    Lawyers agree

    2

    Answered . 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.... more
  4. Alexus Paul Sham

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,039 answers this week

3,015 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,039 answers this week

3,015 attorneys answering