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Thread: Urgent request regarding Visitors Visa - Annotation & Policy Memorandum

  1. #1
    Join Date
    Feb 2012
    Posts
    1

    Default Urgent request regarding Visitors Visa - Annotation & Policy Memorandum

    Hello,

    I have a question regarding a recent Policy Memorandum mentioned in USCIS website regarding B1/B2 visitors visa:

    My mother has a 10 year B1/B2 visa and she has visited USA between June-Nov 2011. She is now staying alone in Chennai and doesn't have anyone to support her. (My father expired few years back and my sister is married and living with her family in Chennai)

    On August 17, 2011, USCIS published a Policy Memo entitled: "Changes to B-2 Status and Extensions of B-2 Status for Cohabitating Partners and Other Nonimmigrant Household Members; Revisions to Adjudicatorís Field Manual (AFM) Chapters 30.2 and 30.3; AFM Update AD11-27"

    http://www.uscis.gov/USCIS/Laws/Memo..._PM_081711.pdf


    Excerpts from that:

    In some circumstances, elderly parents, cohabitating nonimmigrant partners, and other household members of principal nonimmigrants may be ineligible for derivative status. These aliens may seek B-2 visas, or change their status to B-2, to allow them to reside with the principal nonimmigrant visa holder who is in the United States in another status (H-1B, F-1, etc.).

    DOS guidance directs consular officers to notate the B-2 visa with the principal nonimmigrantís visa type and duration, and to advise the B-2 visa holder to seek admission for one year at the point of entry if the B-2 visa holder plans to stay in the United States more than 6 months. Applicants may also seek extensions in six month increments from the Department of Homeland Security (DHS) for the duration of the principal alienís nonimmigrant status.

    Question:

    I am now planning to bring my mother in the month of April 2012.

    1. Should my mother re-apply for a B1/B2 to get the annotation (as mentioned in the excerpt) or can she enter US mentioning her stay as 6 months @ Port of entry and provide the relevant details when submitting her I-539 for her extension at the end of 6 months stay?

    2. What are the documents that needs to be submitted as proof ?

    3. Has anyone used this approach to stay for more than 6 months in US?

    Please let me know if you can provide me the required information or guide me to someone who can help me regarding the same.

    Thanks in advance.

    Vijay

  2. #2
    Join Date
    Mar 2014
    Posts
    1

    Default Same situation as you

    Hi Vijay,

    I am curious to know if you were successful with this. I am in a similar situation for my mother as well.

    Thanks
    Nitin




    Quote Originally Posted by vishan78 View Post
    Hello,

    I have a question regarding a recent Policy Memorandum mentioned in USCIS website regarding B1/B2 visitors visa:

    My mother has a 10 year B1/B2 visa and she has visited USA between June-Nov 2011. She is now staying alone in Chennai and doesn't have anyone to support her. (My father expired few years back and my sister is married and living with her family in Chennai)

    On August 17, 2011, USCIS published a Policy Memo entitled: "Changes to B-2 Status and Extensions of B-2 Status for Cohabitating Partners and Other Nonimmigrant Household Members; Revisions to Adjudicatorís Field Manual (AFM) Chapters 30.2 and 30.3; AFM Update AD11-27"

    http://www.uscis.gov/USCIS/Laws/Memo..._PM_081711.pdf


    Excerpts from that:

    In some circumstances, elderly parents, cohabitating nonimmigrant partners, and other household members of principal nonimmigrants may be ineligible for derivative status. These aliens may seek B-2 visas, or change their status to B-2, to allow them to reside with the principal nonimmigrant visa holder who is in the United States in another status (H-1B, F-1, etc.).

    DOS guidance directs consular officers to notate the B-2 visa with the principal nonimmigrantís visa type and duration, and to advise the B-2 visa holder to seek admission for one year at the point of entry if the B-2 visa holder plans to stay in the United States more than 6 months. Applicants may also seek extensions in six month increments from the Department of Homeland Security (DHS) for the duration of the principal alienís nonimmigrant status.

    Question:

    I am now planning to bring my mother in the month of April 2012.

    1. Should my mother re-apply for a B1/B2 to get the annotation (as mentioned in the excerpt) or can she enter US mentioning her stay as 6 months @ Port of entry and provide the relevant details when submitting her I-539 for her extension at the end of 6 months stay?

    2. What are the documents that needs to be submitted as proof ?

    3. Has anyone used this approach to stay for more than 6 months in US?

    Please let me know if you can provide me the required information or guide me to someone who can help me regarding the same.

    Thanks in advance.

    Vijay

  3. #3
    Join Date
    Mar 2014
    Posts
    21

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