Discussion Topics, Thursday, Sept 16, 2021
FAQ: Consequences of extending parents’ B-1/B-2 (visitors/tourist) status more than once||Consequences of green card holders staying outside the USA for an extended time. Reentry permit protection ||Applied for EB-3 downgrade and change of employer after 180 days while I-140 is pending
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna addresses the most pressing issues. Please see the link below.
Discussion Topics, Thursday, June 24, 2021:
FAQ: Consequences of B-1/B-2 Visa Extension applied and leaving the USA || Changing Multiple Jobs While AOS I-485 is Pending - Consequences || I-129 Nunc Pro Tunc Request
Published by: The Economic Times - Date: May 10, 2021
Synopsis
To protect yourselves, carry evidence that your extension application was timely filed and you left because you had an urgent need to do so. Also, take a screenshot or printout of the FAQ on the CBP website: “How can I extend my stay while in the United States?
For more on this article please see the attachment below.
Our office was retained to file a B-1/B-2 extension on behalf of a 34-year old male who was diagnosed with autism and requires ongoing supervision and monitoring. He is dependent on his mother, a permanent resident of the US, who is his legal guardian and only source of care. His father is a resident of Botswana. Botswana regulations do not make provisions for a child above the age of 21 to reside in the country as a dependent. Even in the US, regulations do not consider children over the age of 21 to be dependents of their parents.
My question to Mr. Khanna was on B-2 visa application for my Mother while simultaneously applying for her immigrant visa petition and adjusting her status in the USA during her stay. Additionally, he has assisted me with my own Citizenship questions earlier. As always, Mr. Khanna provided me with valuable insights and information on how to proceed that would best benefit my situation and my Mother' case. What I liked most is, him being very punctual in getting back to delivering on promises and with accurate opinions. I applaud Mr. Khanna and his team for the work they are doing - helping so many people with their immigration needs. I would always feel comfortable knowing his services are excellent in getting the job done, on time! Thank you!
While previous presence in the U.S. is a relevant factor in determining whether an alien maintains a residence abroad that he or she has no intention of abandoning, isn't it true that inspecting CBP officers should not focus solely on the amount of time an individual has previously spent in the United States to determine eligibility for admission as a visitor?
U.S. Customs and Border Patrol (CBP) indicates that all nonimmigrant applicants seeking admission as B-2 visitors are required to satisfy the inspecting CBP Officer that they are entitled to the admission and classification that they seek, including proving that they maintain a foreign residence abroad that they have no intention of abandoning.
1. If an alien is otherwise admissible as a B-2 visitor for pleasure, isn't it true that a CBP officer should not limit the admission of that alien to 180 days in a twelve-month period?
2. Assuming an individual is otherwise eligible for admission, isn't it true that eligibility for admission as a visitor is determined by the nature and expected duration of the intended activity in the U.S.?
3. What is the training that is given to CBP officers to reinforce that B-2 visitors may lawfully be admitted for an aggregate period in excess of 180 days in a twelve-month period?
1. U.S. Customs and Border Patrol (CBP) indicates that, if an alien applicant is otherwise admissible as a B-2 visitor, and passport validity requirements are met, the applicant can be issued more than one 180-day admission period in a 12-month period.
Rajiv has provided excellent advise and support guidance to obtain B2 visa as he is not Eligible for Derivative Status.