B2 Tourist Visa Extension. How much time to they give if I file for extension of tourist visa? Is it for another 6 months?
Location: Phoenix, AZ
My wife and I are planning to visit the US this year and plan to stay longer than previous visits. Main reason for this is our son just had a baby and we want to help him and his wife out by taking care of our grandson. We are planning to stay for 6 months then extend our stay. So, I’m wondering for how long can we extend our visit? Are we legible to do so? If approved how much time will we receive as an extension. Another option that were looking at is stay for 6 months go back home then come back to the US after a month and so on and so forth. Are we going be questioned if we go back to the US so soon? We’re planning to do continue visiting in order to be in the US when our son becomes a US citizen in two years. Then he can just petition for us. .
Additionally, one is not eligible to request an extension of stay on Form I-539 for the purpose of babysitting grandchildren. That is considered unauthorized employment in violation of the terms of a visitor admission. Babysitting is an activity for which a US worker may be paid. Such a request for an extension for that reason will be denied by USCIS after months of processing.
Where an extension of B-2 status is granted, it is for 6 months from the time of the prior validity. Given long I-539 extension request processing times, the extension is often approved (or denied) with no additional validity time.
Generally, admission as a visitor is granted for 6 months within any 12 months. On occasion the Customs and Border Officer will admit someone. But, generally one cannot come back so soon after having stayed for almost the entire length of the approved stay.
Further, a B1/B2 Visitor admission does not permit immigrant intent. So, one may not be admitted to the US as a visitor when intending to have a permanent resident green card application filed on one’s behalf after admission.
Your contemplated plans of action are risky and may even result in the cancellation of the visitor visa. This could prevent you from returning to the US until you are petitioned and approved for an immigrant visa. Consult with an experienced lawyer in private – either in person, by phone or Skype.
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