Ovefstaying consequences on B2 for Sponsorer

navpatel · Dec 5, 2016

Hi Folks,

Sorry if i this question was answered earlier ...I just didn't find it ...

One of my friend is in US on proper h1 b visa and his dependents do also posses h4 visa. The issue is that his mom has B2 visa multiple entry for 10 years and he being the only child needs his mom to be with him in US. As far as the law goes his mother cannot stay with him for more then a period of 6 months upon each entry and again that is not guaranteed that she may be granted a 6 months upon each arrival because if the frequency of travel to US increases on b2 visa the stay would be shortened upon each arrival. Now is the real question..

1. Is there any possibility for him to bring his mom for longer period of stay ( till his H1b is valid or till he wishes to stay in US upon H1 extensions) legally without going back to india after every 6 months.

2. If he decides to bring his mom on B1 visa and then decides not to send her back and will only take her back upon his final return to his country and will never come back to US. Would this have any consequences on his mother apart from getting banned to enter US again.

3. what would be the consequence for the son as he was on legal grounds in US but might face issues for reentering US in future because his overstayed his mother ( is this assumption correct) . And would this also impact his visa approval for other countries apart from US or for US as well in future.

Davis1 · Dec 5, 2016

1... No

2...His Mother will get a US entry ban or even get deported

3..for aiding and abetting an overstay ... unlikely to get a further visa
but unlikely to effect other countries

twostep · Dec 5, 2016

Uscis.gov gives all applicable visa options. There is no mommy visa.

Visa fraud is a federal offense. For her it will probably just mean ban or deportation. For him - ?

navpatel · Dec 5, 2016

Hi Folks ,

I really appreciate your prompt response on this ...I was quite assured with the reply you guys gave for #1 and #2 however The major concern or interest is #3...I would really appreciate if someone could be sure or give a definite answer for #3.....Awaiting response from legends

Bevdeforges · Dec 6, 2016

I doubt anyone can give you a "definitive" answer to that question - at least not right now. Immigration has been a hot button in the recent election campaigns and there is every possibility that the incoming president can and will use his "executive order" power to crack down on a variety of immigration issues. The situation could well change literally overnight if various politicians want to be seen to be making good on their campaign promises.
Cheers,
Bev

Davis1 · Dec 5, 2016

Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation
its a felony ....

EVHB · Dec 6, 2016

If you want to become a permanent resident in Canada, they will ask if you were ever refused entry into another country. Which will happen if they find out about the overstay and he applies for another visa in the US (even as a tourist).
Don't know about other countries.

twostep · Dec 6, 2016

It looks kind of funny when a professional a company brought on with relocation and visa somewhere in the world cannot partake in a simple business meeting in the US which is still a major hub - because he cannot get a visa.

Expats who blatantly violate laws of their guest country and seek mouse holes on public forums are not my cup of tea.

Ovefstaying consequences on B2 for Sponsorer

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