Legal Question in Immigration Law in Kansas

Re: How long must nonresident be out of country for new visa

To answer the first part of your question, there is no set rule as to how long a B-1/B-2 visa holder must stay out of the country before re-entering. However, this is a temporary visitor classification and prolonged visits to the U.S. may raise the issue of whether the visa is being misused, with denial of entry.

Much will depend on the fact of the case i.e. if mother in law already has established pattern of prolonged stays in the U.S.

Instead of traveling to Canada, I would apply for an extension of her B-1/B-2 while she is in the U.S. (a grace period applies while petition for extension is pending).

Also I would NOT under any circumstances let her fall out of status, especially for more than 6 months as bar to re-entry and adjustment of status may apply.

Re: How long must nonresident be out of country for new visa

The amount of time given on reentry will depend on the officer readmitting her. He could grant her another 90 days or less. If she begins to make numerous visits, then she may be deemed to be abusing the status and she could be denied entry or asked to seek a long-term status. You or your spouse can sponsor her for permanent residence. If she applies while in the U.S., she will be given advance parole to travel outside of the United States.

[email protected]

Re: How long must nonresident be out of country for new visa

Because your mother-in-law is considered an immediate relative of a USC (Your Wife), she is eligible to apply for an Adjustment of Status to LPR. She should not need to leave the country. Immediate relatives of USC's are given the top priority in AOS petitions. They are not subject to the visa quota, and overstaying their nonimmigrant status in the U.S. usually has no effect on their eligibility.

Gabriel D. Jack

Attorney at Law

650.743.6296

[email protected]