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Thread: Visit US

  1. #1

    Default Visit US

    Hi:
    My parents have 10 year visitors VISA. They had visited US recently and they want to come back after two months of their first visit due to personal reasons. Will there be a problem at the port of entry since they are coming to US at such a chort interval after their first visit???
    Please help
    Thanks

  2. #2
    Join Date
    Jul 2006
    Location
    United States
    Posts
    1,959

    Thumbs up Yes and maybe

    Yes, it will be a problem if this was their very first visit to the US.

    However, if they've been here a few times and always returned back to their home country well before the I-94 date, then things may be different.

    In the second scenario, they need to have a good explanation and reasoning why they're returning so soon and this should be preferably supported with documentation.

    Do note that this time, they may be given a shorter stay.

    It also depends on their age.

    Good luck and take care.

  3. #3
    Join Date
    Aug 2006
    Location
    USA
    Posts
    3,544

    Default

    There are many factors that affect the decision.

    Like, how long did they stay the first visit? how long do they plan to stay the second visit?

    As a rule of thumb, the visitor must spend more time in home country than in the USA in a calendar year.

    Which means, if your parents came and stayed 3 months, went home for 2 months and are coming for 3 more months... it is ok, it borders on spending half a year in the US, but it is possible.

    BUT, if your parents came and stayed 6 months, went home for 2 months and are coming and expect to spend another 6 months in the USA... the math would be... 10 months out of 12, spent in the USA... That is not "visiting" the USA, it is LIVING in the USA which is visa abuse.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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