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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 101587
Experience:  Private practice in several areas, including immigration
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Ely, and our nationality is Indian.My husband have a H1B

Customer Question

Hi Ely,
My name is ***** ***** our nationality is Indian.My husband have a H1B visa and I'm on H4 visa. On my husband visa my mom got B2 visa. 1st time she came and stayed 6 months than go back to India 2)after a month again she came back to USA and stayed for 6 months than she went to India and 3) after 9 months she again came back to USA and stayed here for 6 months.4) This time she went to Mexico for 4 days and came back to USA but immigration officers are not to allow her to take in USA. They hold her in international airport and sending back to India. They are talking about depotation. Still she is in airport please call me ASAP on - ************** Can you please help me? You can email me on - ************ please contact me right away...
Note- she need to stayed multiple time here because I have some medical conditions. I have my all doctors reports.
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Ely replied 9 months ago.

Hello and thank you for requesting me. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Understand first of all that someone who receives a B2 visa does not have a guaranteed right to enter - this is still at the discretion of the authorities at the entry point (ICE/CBP), wh may deny entry, or, may limit entry for less than what the visa normally allows.

It sounds like what ICE/CBP believes is that your mother is using the B2 visa to "reside" in the US. Someone who is on a B2 visa is expected to spend as much time abroad as they did in USA before reentering again on the B2 visa (this is subjective). Because your mother has been spending less time abroad and more time inside USA (not counting the 9 months), the authorities believe that she is abusing her visa by essentially "living" in USA. This is likely why she is being denied entry.

She wants to explain to the authorities that she has no intention to stay here long, and, will ensure to spend at least 6 months abroad before coming back. She also has to be able to show a fixed residence abroad. If she has employment abroad as well, that helps - whatever shows that she lives her life abroad and is coming to USA to visit, and not the other way around.

I am afraid that at this time, it is really up to the authorities to decide whether or not to let her in.

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I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 9 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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