Hello i am a US citizen since 2014.My mom is 70 years old from Turkey and had a 10 year B1/B2 visa since 2008.She stayed with me many times and every time at least for 6 months and in that 10 year period of time also we extended 3 times and sure paid the fee to the USCIS and they accepted our request and extended for 6 months more in that all 3 times and her visa has finished in september 2018.We made a new B1/B2 application for her last week but they rejected it because they have told that 'she stayed too much and we are sorry for that'.I can not apply for a Green Card for her because my income is not enough unfortunately but can we wait for at least 2 or 3 years then can she get a B1/B2 ? Thank you so much.
Base upon the brief facts you have presented it appear that the consular office does not believe your mother ha Nonimmigrant intent in that she has spent a significant amount of time in the U.S. and is not maintaining a foreign residence she has no intention of abandoning. This is a typical issue for senior citizens and can be difficult to overcome.
Consult with an experienced immigration attorney who can review the facts of the case and advise you as to options available. Keep in mind that assets can also be used to satisfy the affidavit of support requirement, not just direct income.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Review Mr. Devore's Avvo Profile for more information about his expertise in immigration law and how to contact him to discuss your case.
You mother can re-apply for the B-2 visa at any time, if she can overcome the reason(s) for the denial. Your mother will need to prove her "nonimmigrant" intent by providing evidence of her family, economic and social ties to Turkey and that she has reason to return. Consult with a lawyer to discuss and review evidence that your mother may be able to provide. In regards to the green card sponsorship, you may be able to qualify using household income, assets, or a joint sponsor. Do not give up, just consult with a lawyer for an evaluation of the matter and for assistance!
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