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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106287
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My aunt has travelled here to Texas before to visit me and

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My aunt has travelled here to Texas before to visit me and has obtained a 6 month permit by land at the border. Now she wants to visit, but she will be travelling by air. How does she obtain a permit?
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.


What country is she from? What visa will she be using to enter? How long has it been since she has been to the U.S.?
Customer: replied 3 years ago.

Mexico.B1/B2 visa. 2 weeks.

How long did she stay the last time and why is she coming back so soon? Also, how old is she and how can she afford to take these trips and stay so long in the U.S. since she cannot work in the U.S.?
Customer: replied 3 years ago.

she was here 4 months. I just had a baby she is like my mom so she is spending time with him and was helping me throught the last month of my pregnancy. I am paying for her.

Well, the problem is that she is coming back so soon. As a general rule, she should spend more time outside of the U.S. than inside. She could get lucky and get an officer that doesn't care and the officer will just let her through without asking questions. But she should be prepared to answer the following:





1) How much time she needs.

2) Why she needs so much time.

3) Why she couldn't do what she needed to do during the last trip.

4) How she would be supporting herself for this additional time since she is not allowed to work.

5) What STRONG ties she has to her home country to ensure that she will go back.

6) What preparations she has made to go back (like a round trip ticket).



There is no guarantee, but I can tell you that the more time she asks for, the harder it will be to get an approval. She should be careful that it not look like she is working for you. The idea is that she come to visit and maybe help you a bit, not that she is basically doing a job of what a nanny would be doing because then they could see that as her taking away a potential job from a U.S. worker that you could hire as a nanny. So be careful.


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Customer: replied 3 years ago.

where would she obtain the permit?


 

A permit to do what? She already has the B-2 visa, so using that she can get up to 6 months to stay. What permit are you asking about?
Customer: replied 3 years ago.

wheere does she go to ask for the 6 month stay?

At the Port of Entry. So when she gets off the plane, she will go to a place to be inspected by CBP officers just like if she was crossing the border. At that point she can ask for 6 months, but they will want to know why. It may be better for her just to stay quiet and hope that they give her 6 months without her asking them to. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
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