B2 visitor - extension of stay denied
NoName
last 4 years, each time granted 6 months of stay and staying the full 6
months. Only in 2001 she was permitted 3 months at the entry and she
succesfully got a 6 months extension by finiling I-539.
In 2003 she got a 6 month I-94 valid until Sept 22, she applied for
extension on Aug 6 and got an acknowledgement by end of august. She stated
her reason of stay as "need to take care of pregnant daughter and expected
grand child" and requested 6 months extensin until March 22, '04. INS has
sent a rejection letter (dated 11/16/03) stating "employment" as motive of
extension, even if it is with a relative and considered the staty illegal.
The I-539 filed clearly stated that she is being fully supported financially
by her son (myself) for all her stay.
My mother is preparing to leave US at the earliest available ticket
confirmation (difficult due to holiday rush), but she is concered about her
next visit. My question is:
1. Does she needs to respond to INS denying the charges? Will doing that
favour her visit next year?
2. Should we see a lawyer to get a legal advice in this matter?
3. How long should she wait to make next visit to US and what are her
chances of allowed entry?
Need URGENT advice!!!!!
-Noname
Ingo Pakleppa - see web site for email
> My mother has a 10 year B2 visitor visa. She has been travelling to US
> for last 4 years, each time granted 6 months of stay and staying the
> full 6 months. Only in 2001 she was permitted 3 months at the entry and
> she succesfully got a 6 months extension by finiling I-539.
>
> In 2003 she got a 6 month I-94 valid until Sept 22, she applied for
> extension on Aug 6 and got an acknowledgement by end of august. She
> stated her reason of stay as "need to take care of pregnant daughter and
> expected grand child" and requested 6 months extensin until March 22,
> '04. INS has sent a rejection letter (dated 11/16/03) stating
> "employment" as motive of extension, even if it is with a relative and
> considered the staty illegal. The I-539 filed clearly stated that she is
> being fully supported financially by her son (myself) for all her stay.
>
> My mother is preparing to leave US at the earliest available ticket
> confirmation (difficult due to holiday rush), but she is concered about
> her next visit. My question is:
>
> 1. Does she needs to respond to INS denying the charges? Will doing that
> favour her visit next year?
No. She would lose. Unfortunately, it is routine practice for CIS (INS no
longer exists) to consider such situations employment. They reason that if
it wasn't for the mother, the pregnant daughter would have to hire a nanny
to take care of the grandchild. Thus, the mother taking care of the
daughter and grandchild deprives an American of a job.
It may be non-sensical reasoning in the real world, but it is
well-established and on sound legal ground.
There are some minor efforts to change immigration law, but it won't
likely make a difference.
> 2. Should we see a lawyer to get a legal advice in this matter?
Don't bother.
> 3. How long should she wait to make next visit to US and what are her
> chances of allowed entry?
I would recommend waiting at least a year, and then only requesting four
weeks or so.
--
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