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B Visa

Grace Period - Using Tourist Visa After Quitting A Job

It has to be "activated." Note that under the circumstances reentry and hence "reactivation" is likely to be difficult.

Case type: B-1/B-2 Extension for Autistic Child

Category: B-1 Visa, B-2 Visa, B Visa

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. Our office submitted the extension request to Service requesting discretionary relief as permitted in appropriated cases where family members are not eligible for derivative status.  The extension request was approved without an RFE

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

Infosys With The Largest Immigration Fine

According to "Times of India" :

The US government plans to punish Indian outsourcing giant Infosys with the largest immigration fine ever for seeking visas fraudulently for workers at big clients in America, the Wall Street Journal reported. 

Infosys is accused of putting workers on visitor visas rather than work visas. The former are much easier and cheaper to obtain than the latter. The fine is expected to be about $35 million, the paper said, quoting people close to the matter. 

More on this please visit this link http://timesofindia.indiatimes.com/tech/tech-news/software-services/Infosys-faces-record-fine-in-US-Report/articleshow/24858021.cms<</a>

B Visa Extensions

A1. Normally I don’t recommend applying for extensions of tourist or business visa unless you have a very good reason for it. What happens is technically of course you can stay here while the decision is pending, but no later than the duration you have asked for in the extension application. Let’s say you asked for extension till September. You can stay here till the decision is made, but no later than September. But what happens is when you go for multiple entry visa stamping consulates do not like people getting extensions. Their concern is that a tourist visa is supposed to be for brief visits. Why are you going there and staying for a year, year and a half on tourist visa?

Also what happens is if you have stayed here too long and then when you want to come back again at the airport (even if you have a visa or visa is not an issue) you can have a problem because CBP (U.S. Customs and Border Protection) may not take too kindly to people who return back very quickly. They don’t want to see a situation where a person is living in USA and visiting their home country.

A2. If you don’t want to apply for his Green Card and he wants to leave to go to India I am not sure what is good but if he leaves early it might be easy to come back and also get further visas. This is a difficult decision to make.

B-2 Extensions, also discussing options for gay couples

Topic:  B-2 Extensions, also discussing options for gay couples<

B Visa extensions

Q1. I lost my mother recently and we brought our father soon after that. I have an older brother and both of us stay here in USA. He has a medical condition - semi-paralytic. My father has a B-2 multiple entry visa; arrived here on 27th Jan 2013, I-94 expired on July 26th and visa extension applied on June 14th.  How long can he stay here in US until the decision is made?  Will his multiple Visa get rejected if his extension is denied?

Normally I don’t recommend applying for extensions of tourist or business visa unless you have a very good reason for it. What happens is technically of course you can stay here while the decision is pending, but no later than the duration you have asked for in the extension application. Let’s say you asked for extension till September. You can stay here till the decision is made, but no later than September. But what happens is when you go for multiple entry visa stamping consulates do not like people getting extensions. Their concern is that a tourist visa is supposed to be for brief visits. Why are you going there and staying for a year, year and a half on tourist visa?

Also what happens is if you have stayed here too long and then when you want to come back again at the airport (even if you have a visa or visa is not an issue) you can have a problem because CBP (U.S. Customs and Border Protection) may not take too kindly to people who return back very quickly. They don’t want to see a situation where a person is living in USA and visiting their home country.

Q2. What is recommended, he leaves immediately or waits until his extension decision comes?

If you don’t want to apply for his Green Card and he wants to leave to go to India I am not sure what is good but if he leaves early it might be easy to come back and also get further visas. This is a difficult decision to make.

Tourist visa extensions for gay couples

(partner is on J-1)

Tourist visa for gay couples or partner in a gay relationship is acceptable and it can be extended. If you look at the Foreign Affairs Manual, which is the body of policies that governs consulate decisions, you could say there is an exception. Sometimes people might not qualify for J-2 because they are not married. It might be easy to get a tourist visa and to keep extending it. However, there is one issue here. Since DOMA (Defense of Marriage Act) was overruled, gay marriages are now recognized. So I don’t know if they are going to change this policy of issuing B visas.  Basically they would say that now you can get married and get J-2, so why are you not doing that. So to answer your question as to whether you can come and keep extending it, I don’t know the answer to that question under the present situation. Under the old situation you could have easily gotten extensions. So you can try, but keep in mind the earlier discussion on extensions (above). Consulates may not like it and CBP may not either.

Bangkok’s Local Policy on Issuing B Visas

1. Bangkok does not have any “policy” on evaluating B-1/B2 visa applications other than the approaches outlined in 9 FAM.  Each case is treated individually and is decided based on the personal interview.

2. One case may require a particular piece of information and the other case may not require the same information.  However, in some cases, presenting certain information may help the applicant explain their B-1/B-2 qualifications.  For example, pregnant mothers traveling to give birth may wish to demonstrate their ability to pay their medical expenses.

3. Dependent parents may wish to demonstrate family and financial ties to Vietnam.  As noted in 9 FAM, each case is treated on an individual basis.

4. Domestic employees must demonstrate the duration of employment and contractual agreement with the employer.

5. Partners of U.S. citizens must demonstrate the length of the relationship with the U.S. citizen and strong personal ties with long term plans to maintain residency in Vietnam.  HCMC does not have any specific requirements for documents beyond the basic documentary requirement for an NIV application; however, as mentioned in 9 FAM, consular officers may request additional information.

Grounds for Rejection for B and F Visa

The grounds for rejection for B and F visa< are usually the "immigrant intent<." If indeed that is the reason for your visa rejection, I do not see any difference between B and F applications.

Exploring Other Options During H-1 Transition

You will need to figure out the filing fees for Form I-539 (used for H-4). You can convert to tourist visa< (status<) if you leave USA and reenter using the tourist visa. To let you back in or not would be at the discretion of the CBP< officer who interviews you. There is no grace period under these circumstances.

Nonimmigrant Visas
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