Gap between one visit and the next visit

[neha]

Hi,

My mother has a 10 yr multiple entry US visa. We had applied for an extension but just got a denial. But we desperately need her here to help us out. So, she is leaving for India next week (Nov 10th), according to the original plan, which is one week before her I-94 expires, and it is legal. But we are planning to bring her back within 3 weeks, ie December 1st week. My question is: is that a sufficient gap or will she have a problem at the port of entry, when she comes back in 3 weeks? I did not read anywhere so far that there is a rule of a certain period of time, before anyone can come back? But has anyone had a bad experience by doing this? Please help me!!

[PraetorianXI]

A person must spend more time in their home country than in the USA.

She must spend at home country, AT LEAST (Minimun) the same amount of time she spent in the USA. BEFORE, she comes back. Otherwise, she will very likely be denied entry and sent back.

If she spent 3-6 months in the USA and comes back after 3 weeks in her country, she is not showing ties to her country and I do not see her being granted entry. More likely sent back and her visa cancelled. The fact that she has a denied extension points to this and she shows as an immigrant risk.