QUESTION
Are we allowed to stay in USA twice a year for 90 days each?
Asked on Jun 06th, 2013 on Immigration - Texas
More details to this question:
We own property in Florida and wish to come for 2 x 90 day periods in the year. Is this allowed? Our son is married to a US citizen and has 2 children. He is legally working and residing in Florida. Does this give us any additional visa free entitlement?
6 ANSWERS
No, your son being in the US does not give you any entitlement. You should be able to come for 2 90 day periods to the US, as long as they are not back to back.
Answered on Jun 09th, 2013 at 10:19 PM
3 Awards
We presume that you as VWP (ESTA) applicants . . . As such, please note that the U.S. government can assert that you do not have the requisite nonimmigrant intent for your visits - especially since you own property in the U.S. You may want to consult with us to see what you can do to avoid a 214(b) challenge to your status in the U.S. We handle matters like this for our clients all of the time. It is important for our office to do an analysis of the options. Our office can be contacted by phone at 201-670-0006 (x107) or by e-mail at info@visaserve.com We would be pleased to assist you. If you do not contact us. You will want to work with competent immigration law counsel to analyze and file the case for your family member.
Answered on Jun 06th, 2013 at 11:48 PM
Having a US resident son does not give you any immigration benefits or "entitlements". You may apply for a tourist visa at the US Consulate of your country of residence but you must overcome INA section 214(b), with evidence that you do not intent to immigrate to the US. After your B2 visa is approved, the immigration officer at port of entry may give you up to 6 months of stay, but the amount of time is always discretionary.
Answered on Jun 06th, 2013 at 11:48 PM
Adebola O. Asekun
Property ownership does not provide additional advantages based on the facts as you have recounted them. However, you are able to get tourist visas that allows you multiple US entries with a maximum period of stay for 6 months at each entry. Obtaining a B-2 tourist visas in your situation is possible upon showing that you do not have an immigrant intent; that at the end of each visit, you will return to your country of usual abode and where you have such firm roots that you do not intend to abandon. If you are from one of the designated :Visa Waiver Program "VWP" countries, you do not need a visa and you can come to the US for a maximum of 90 days and to return. If so, a VWP entry may also be a viable option and you can come to the US for 90 days on each occasion each such entry spaced a few weeks or months apart. Finally, when your LPR son becomes a US citizen, he can file an I-130 petition for you to become a green card holder yourself and with which, you can enter and depart the US as you see fit subject of course to some conditions. There are pros and cons for each of the options listed above and you are best advised to consult with an experienced immigration attorney who, hopefully can carefully discuss with you all of your options and alternatives.
Answered on Jun 06th, 2013 at 11:47 PM
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If you intend to stay in the US for at least 6 months out of every year, you should seek permanent resident status in the US. If your son is already a US citizen, he can start the process by filing petitions for his parents on form I-130. It will take approximately 1 year for the paperwork to be processed before you will receive an interview appointment for your immigrant visa applications at the US consulate. If your son is not yet a US citizen, you will need to apply for visitor visas at the US consulate. For further information on how to apply for a visitor visa, you can visit the website of the US consulate nearest to you.
Answered on Jun 06th, 2013 at 11:47 PM
Bruce A. Coane
There is no law prohibiting it. It's clearly allowed, if, in the discretion of the immigration officer, they allow you to enter.
Answered on Jun 06th, 2013 at 11:47 PM