B2 visa for a guardian of a citizen under 18 - still 6 months?

[user20111112]

Hi,

My brother is 12 years old and is a US citizen. However, he is living in home country with my mother. My mother would like to take him to the US so my brother can start going to school there. My mother is listed as his guardian on his US passport, and she would like to stay with him with minimum interruption (meaning mandatory exits from the US).

Question: given that she is a citizen's guardian, will the 6-month restriction still apply to her B2 visa? Is there anyway she can raise that limit, or be waived from it?

Thank you for your insight!
(Btw, I'm on H1B in the US.)

[peace999]

If she already does not have a B1/B2, she will find it difficult to get it.
(reason; Immigrant intent due to son being a USC). Guardians of USC minors do not have any immigration benefits.

If she has a B1/B2 already, how much stay in US she gets, depends on the officer at entry. 6 months is the max they give , she can apply for an extension when in US.
But she cannot use a B1/B2 for the stay she wants to.
After long stays on a B1/B2 ( 6mos or 1 yr after extension) the next visit will have to be spaced with another 6m-1 yr.
Or they will not allow you in for misusing the Terms of a visitor visa.

[user20111112]

Thank you for you quick response. She does not yet have a visa. She would like to stay for more than 6 months per year, so what you said doesn't sound so good :-(

One follow up question: what is the exact minimum duration that must exist between two B2 visa-based visits to the US? I checked and it does not mention any information as to how long you have to wait before you can apply for B2 visa again. Thank you!

[peace999]

There is no set rule about spacing. Depends on each person's purpose and lengths of stay on
previous visits.
Mainly, it should not appear that you are living in US instead of visiting on a B1/B2.
It is at the discretion of the entry officer. If he sees very long stays on past visits, he has the powers to cancel your visa and send you back.
What your mother plans to do is stay in US, so it won't be possible.


If you can post this, maybe we can look into other visa options;
*Can she work?
* What is her education?
*Any religious inclination ( Like priesthood, religious studies etc.)?
*Was your brother born in US?
*What about his biological father?

[user20111112]

Thank you for your reply. Here are some background info:

I am now in the US on H1B.
My parents are both in home country. They and I were on J visa 12 years ago.
My brother was born in the US 12 years ago and is citizen by birth.


We think that my mother can be here with the purpose of visiting my brother. When 6 months are up, she would go back, then apply for another B2 to come back and and visit again. She would simply repeat this.

She has a college degree and lots of experience, but it is unlikely that she will be able to find work with a H1 sponsoring employee here. She has no religious inclination. Is there any way? :(

[user20111112]

Well, what if she attends a college? Do you know of any problem with getting an F1 visa having a son or daughter with US citizenship?

[peace999]

Student visa requires non-immigrant intent as well.
She will face the same issues as B1/B2.
Not advised.

*only visas which do not require a non-immigrant intent are H-1 and L-1.
*If she can run a small business(shop) in home coutry and then open a branch
in US, after 1 year she may qualify for business immigration under EB1.
*Another way is EB5 , if they are very rich, can invest half a milion $ in US.