Re: How long can my mom stay in US during her fist visit?

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Posted by Tatiana B. Durbak on August 08, 2001 at 21:27:41:

In Reply to: How long can my mom stay in US during her fist visit? posted by Tetyana Bryan on August 06, 2001 at 14:20:31:

: My mom has just received her fist visa at the Embassy of US in Kiev. They gave her a 6 months visa, but told her that she has to come back within 3 month. If she does not come back and stay longer, they told her that she will never be able to get a visa to US again. I have heard that this happened to other people, when they stayed 6 months or a year and then were denied a visa next time they applied.

: My mom really wanted to stay a year and help us with our new born baby as I want to be able to go back to work and we don't want to use a baby care facility. So far we have the following plan, for her to come for three months and then go back and apply for a second visa (a 3 year multiple-entry one), so she can come back when she wants and can stay for 6 months.

: Has anyone heard of these types of situations or had them? What would you advise? How fast do you think she can reapply for her second visa? And what are the chances of getting a 3 year guest visa right after she gets back from her first visit?

: Thanks to anyone who can reply.
: Tetyana

Tetyana --
I am an immigration attorney. Zapadenec' is basically correct. The US consulate gives out visas, that is permissions to enter the US. The Immigration SErvice (INS) determines how long a person may stay. The consulate is part of the Department of State. The INS is part of the Department of Justice. The two entities -- US consulates and the INS do not always agree about matters.
Possibly the most important difference between these two entities is that most INS actions are subject to review by someone else. COnsular actions on visas are not subject to any review at all.
Your mother may remin in the US for the period of time that is indicated on her I-94. That is the law. The law also permits your mother to file an application to extend her stay. An application for an extension of stay is usually granted the first time, as long as all requirements are met. The second time, an extension is more difficult, but possible, to get. A denial of an extension may be appealed. The maximum time permitted by law for a person with a B visa (visitor's visa) to stay, together with all extensions is 18 months. After that, one must go back, must apply for a change to another status, or must leave the US. Otherwise, the person will "fall out" of status.
When granting an application for a visitor's visa, the consular officers are supposed to consider the very same criteria that the INS considers when granting an extension: does the person intend to return? does the person have strong ties to the country of origin that would make a return likely? does a person have sufficient financial resources to support herself without having to work illegally? is the person likely to work illegally, anyway? is the person likely to be a full-time student without permission? how likely is it that the person will behave legally in the US? does the person's purpose in coming to the US fall within the guidelines permitted by the law and regulations?
This is the law. Unfortunately consular officials do not always follow the guidelines as they should. Because there is no oversight over their decisions to grant or deny visas, there is no way to force those who do not follow the laws correctly to change.
I have written before on this page that this can change, becuas it is possible to change US laws. For this, it is necessary for people to become interested in changing the law. This has not happened.
I have a few suggestions for you. However, I do not like to give personal advice on this Board, because I worry that people may incorrectly apply the advice I give to situations to which the advice should not be applied.
If you want my advice, send me an e-mail, and I will write back.
Good luck.
Tatiana Durbak
PS, In Ukrainian, my name is also Tetiana, but I spell it differently)

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: : My mom has just received her fist visa at the Embassy of US in Kiev. They gave her a 6 months visa, but told her that she has to come back within 3 month. If she does not come back and stay longer, they told her that she will never be able to get a visa to US again. I have heard that this happened to other people, when they stayed 6 months or a year and then were denied a visa next time they applied. : : My mom really wanted to stay a year and help us with our new born baby as I want to be able to go back to work and we don't want to use a baby care facility. So far we have the following plan, for her to come for three months and then go back and apply for a second visa (a 3 year multiple-entry one), so she can come back when she wants and can stay for 6 months. : : Has anyone heard of these types of situations or had them? What would you advise? How fast do you think she can reapply for her second visa? And what are the chances of getting a 3 year guest visa right after she gets back from her first visit? : : Thanks to anyone who can reply. : : Tetyana : Tetyana -- : I am an immigration attorney. Zapadenec' is basically correct. The US consulate gives out visas, that is permissions to enter the US. The Immigration SErvice (INS) determines how long a person may stay. The consulate is part of the Department of State. The INS is part of the Department of Justice. The two entities -- US consulates and the INS do not always agree about matters. : Possibly the most important difference between these two entities is that most INS actions are subject to review by someone else. COnsular actions on visas are not subject to any review at all. : Your mother may remin in the US for the period of time that is indicated on her I-94. That is the law. The law also permits your mother to file an application to extend her stay. An application for an extension of stay is usually granted the first time, as long as all requirements are met. The second time, an extension is more difficult, but possible, to get. A denial of an extension may be appealed. The maximum time permitted by law for a person with a B visa (visitor's visa) to stay, together with all extensions is 18 months. After that, one must go back, must apply for a change to another status, or must leave the US. Otherwise, the person will "fall out" of status. : When granting an application for a visitor's visa, the consular officers are supposed to consider the very same criteria that the INS considers when granting an extension: does the person intend to return? does the person have strong ties to the country of origin that would make a return likely? does a person have sufficient financial resources to support herself without having to work illegally? is the person likely to work illegally, anyway? is the person likely to be a full-time student without permission? how likely is it that the person will behave legally in the US? does the person's purpose in coming to the US fall within the guidelines permitted by the law and regulations? : This is the law. Unfortunately consular officials do not always follow the guidelines as they should. Because there is no oversight over their decisions to grant or deny visas, there is no way to force those who do not follow the laws correctly to change. : I have written before on this page that this can change, becuas it is possible to change US laws. For this, it is necessary for people to become interested in changing the law. This has not happened. : I have a few suggestions for you. However, I do not like to give personal advice on this Board, because I worry that people may incorrectly apply the advice I give to situations to which the advice should not be applied. : If you want my advice, send me an e-mail, and I will write back. : Good luck. : Tatiana Durbak : PS, In Ukrainian, my name is also Tetiana, but I spell it differently)

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