Traveled to US for longer period

[NeetaDave]

Hi IMMI Helpers,

My mother came to United States on visiting visa (B) in 2011 and purpose of her visit was shown to Tourist and Family visit and when they went for interview they mentioned duration for 4 weeks and then my mother stayed for 5 months as she got permit for 6 month.

Now this year when she was coming to US in early Jun, her entry was denied saying our record shows you been there for 5 months and at this time we are not able to permitting you to enter in US and on same time my father allowed (as he only visited 2 weeks in US).

I don't know how to deal with this, we lost our single journey fare and canceling fees for return.

Will this affect her next visit.

Advice me

Neeta

[raghvi]

Hi IMMI Helpers,

My mother came to United States on visiting visa (B) in 2011 and purpose of her visit was shown to Tourist and Family visit and when they went for interview they mentioned duration for 4 weeks and then my mother stayed for 5 months as she got permit for 6 month.

Now this year when she was coming to US in early Jun, her entry was denied saying our record shows you been there for 5 months and at this time we are not able to permitting you to enter in US and on same time my father allowed (as he only visited 2 weeks in US).

I don't know how to deal with this, we lost our single journey fare and canceling fees for return.

Will this affect her next visit.

Advice me

Neeta

It depends how soon she is planning to revisit. Asking for 4 weeks and staying for 5 Months and then again trying to reneter US is never advisable. If they havent cancelled her visa, she should plan her visit only next year. This is my opinion, not legal advice.

[kabkaba]

That is unfortunate. How much time did she spend abroad before returning? As a rule of thumb one should spend twice the amount of US Visit duration abroad before returning. Also, was her I-94 submitted to the airline when she left the last time?

[kabkaba]

The person is legally admitted for a longer duration and the permitted duration of stay is mentioned clearly on the I-94 by an inspection officer of the CBP which is part of DHS. If they leave within that permitted duration of stay how is it illegal?
I suspect that is not the problem here. This person seems to have returned too soon after the last visit.