Parents given only 3 months visa, anything we can do?

[austin001]

I am a green card holder and my parents have been visiting me for the last 3 years. Since my dad is retired and getting old, they have been maximizing their stays and living with us for 5+ months each time, as they might not be able to come after some time due to old age. This time, the 4th time, they were asked many questions at the port of entry, and were allowed to enter for only 3 months.

1. why are you coming to the US so many times. what is the purpose.
2. you just left in October 2013 (after staying for 5+ months), why are you back.
3. Show me your return ticket.

My dad explained that he is retired and stays in India for 6 months and has been staying here in the US with his other son for the remaining 5-6. He then showed the return ticked, which was dated for Oct (5+ months).

They were then asked to wait and then taken inside in a room for additional questioning (there were many other folks sitting in that room who were awaiting additional review). Anyways, inside a different CBP officer told them that in the past even though they were admitted for 6 months into the country, the expectation was that they will visit for only a couple of weeks, may be a month, but not 5-6 months each time. She said they were staying in the US like residents and that is not the way visitor visa is supposed to be treated. She even went to the extent of saying that, they may be even sent back to India the next day and may not be allowed to enter the US this time. Then she consulted her supervisor and luckily allowed them entry into the US but cut short their stay for only 3months instead of the default 6 months. The CBP officer then told them if they come back within 1 yr, their visa will be automatically cancelled.

I was shocked to hear all this. They did not break any law. They were admitted for 6 months in the past and each time they left well within the allotted time, yet they were unnecessarily harassed for 2 hrs and intimidated by telling them things like "you can be sent back tomorrow." I could not believe the hypocrisy--if you want visitors to stay for 2 months then give them damn 2 months entry. Why allow them for 6 months then expect that they will stay for a few weeks. I am so mad and disappointed. I will have to change all their return tickets.

I have 2 intentions today a) to inform the broader audience of potential additional screening for frequent fliers who are maximizing their 6 month stay and b) ask these questions below.

1. Has anyone experienced anything like this?
2. Is this becoming the norm now to ask for return tickets for B1/B2 visas?
3. My parents did not break any law and yet they were mistreated; is there any official language/document that says that even though you are admitted for 6 months the expectation is that you will stay for only a couple of weeks.
4. Is there anything we can do to extent their stay this time (apart from filing for extension) that does not jeopardize their next entry, which will not be any time soon now.

Any thoughts and comments are much appreciated.

Thanks

[peace999]

this is nothing new.

a visitor admission is granted as a privilege to you and not your right.
Officer discretion is paramount;they can give you whatever stay or send you back with a canceled visa.

So, in one's own interest one should avoid too frequent visits and prolonged stays.
There is no official cut off for the duration/frequency but it is mainly officer judgement.
YOur parents did not overstay but their visits were more like stays rather than visits.

Strongly advise you not to extend their stay. It has its own problems. ( processing takes 3-4 months and if they get a denial and they will be past
their original date, the visa becomes void automatically).

If you really want them to stay such extended periods with you, you should look for immigrant visa options for them.
( eg. after you become a US citizen).

[austin001]

Thanks for the reply.

[ramabalaji]

What was the POE your parents encountered the problem?

[austin001]

Houston, TX. I would also like to correct that my parents have 10 yr visa but this time they were only admitted for 3 months.

[ramabalaji]

If one can obey the visitor visa rule, one will not get into any problem at POE. Take my case. I have a visitor visa with a validity till April 2015. I have given sufficient gap between visits in my home country. I traveled in 2005, 2007, 2009 & 2013 to USA. No questions asked at POE and always given 6 months stay but left 10 days earlier than the I 94 dates. I may go once before the expiry of my visitor visa. It means I visit USA once in 2 years. It will be easier for me when I go for 2nd visitor visa interview when my present one expires in April 2015. Hope this helps.

[Binita Lama Tamang]

f4visa category!

How long does it take to visa for this category?

[immihelp]

Please read https://www.immihelp.com/frequent-vi...visitors-visa/

[austin001]

thanks Admin. Makes sense.

[imhelp1com]

I am in the same boat.
She had visited U.S numerous times (4) before once in 2 years and had never exceeded her stay more than 180 days.
Her visits were more around 160 days or so.
My mother visited the U.S after 4 years in March 2019. Port of Entry is IAD - Dulles, VA.
She was planning on staying on 168 days this time but was given only a 3 month visa. The officer did not even inform her that she has not granted her visa for the intended stay even though she had clearly showed the return ticket and insurance. She did ask her the intended date of travelling back to time.
The reason for visit that she told was "to be with my son" and spend some time with him and his family.
Was the answer not right ?

What are my options ? Do i file for an extension or is it better to re book the return tickets ? Not worried about the financial hit but this is stupidity. People who come and go legally and do not cause any harm to anyone. Staying for 5 months once in 2 years is not immigration in any way. In my case, she had last visited 4 years back and still got only 3 month extension.
My mom did mention that there was a 1.5 hr long wait time to come in front of the CBP Officer and that most of the travellers were taken inside for a second round of interviews on all the 3 counters.

Curious to know what happened in the case mentioned above.

[abhishek.k]

I am in the same boat.
She had visited U.S numerous times (4) before once in 2 years and had never exceeded her stay more than 180 days.
Her visits were more around 160 days or so.
My mother visited the U.S after 4 years in March 2019. Port of Entry is IAD - Dulles, VA.
She was planning on staying on 168 days this time but was given only a 3 month visa. The officer did not even inform her that she has not granted her visa for the intended stay even though she had clearly showed the return ticket and insurance. She did ask her the intended date of travelling back to time.
The reason for visit that she told was "to be with my son" and spend some time with him and his family.
Was the answer not right ?

What are my options ? Do i file for an extension or is it better to re book the return tickets ? Not worried about the financial hit but this is stupidity. People who come and go legally and do not cause any harm to anyone. Staying for 5 months once in 2 years is not immigration in any way. In my case, she had last visited 4 years back and still got only 3 month extension.
My mom did mention that there was a 1.5 hr long wait time to come in front of the CBP Officer and that most of the travellers were taken inside for a second round of interviews on all the 3 counters.

Curious to know what happened in the case mentioned above.

Can you please over here.So did you apply for the extension or changed the return ticket date? I am also in similar situation for my parents now. My parents got only 3months of validity at POE at seattle. Would like to know your views.

[Paulthesheik]

What you described is quite common. It’s not new although it’s increasing under the new administration. Visitor visas are NOT meant for extended stays in the USA, regardless of how much time they give you at the point of entry. Visitors should limit the time spent in the USA. For older retired people three months is fine. For younger people who are supposed to have jobs back home, there’s no reason you should be visiting more than two months at a time. Additionally visiting more than once or twice a year is asking for trouble. This is just commonsense and the excuse that oh I was given six months so I stayed six months is not going to fly. Exercise judgment. If you want to stay for extended periods, get a green card (although that also comes with its own restrictions).