Amount of Time a Parent can spend per Year in US on Visitor Visa

[Beachey]

My father-in-law has another six weeks before he goes back home. He will have been here just short of six months. He was issued a single entry visa so we will have to reapply and most likely he will then be issued a 10 year visa.

I am clear then any individual stay needs to be less than six months. My question is there a maximum number of days he can be here any given year (either calendar or 365 day period). How long does he have to be back in China before he can come again (if his previous visit was close to six months)?

Does anyone have actual experience?

[dnoblett]

From my understanding a max of 6 months in a 365 day period, so for example a person visits and the period is set to 6 months, if they leave at 2 months and comes back 2 months or so later, the POE will set the allowed stay at 4 months.

 

More than 6 months in a 1 year period indicates where a person is residing USA or China. To extend the allowed stay beyond the normal 6 months an I-539 should be filed.

 

For us we had mum visit us for about 5 months last year, her visa was 2 year multi entry, you sure his visa was only a single entry? But yes when renewing it go for the 10 year multi use one.

[Beachey]

I will have to look at his visa again but I am almost sure it was single entry. This is his first visit. Really reapplying for the visa doesn't concern me, looking online the less than six months in a 365 day period seems like an unofficial rule. I guess I will tell my wife that. My guess is you would have to show a compelling reason why he has to be here more.

[newacct]

He can stay each time for however long the immigration officer gives him during entry. There is no "rule" beyond that. There are a number of people come to the U.S. for the full 6 months, go back for a month, and come back and get 6 months again. It's completely up to the immigration officer. However, there is some truth that it is more likely for you to get a shorter duration of stay, or even get a warning, if they notice you've been here a lot. but it varies a lot between immigration officers. In this case, he has to get a new visa, and if he applies for a visa too soon after leaving the U.S. after staying for a long time, there's a high chance of denial (and denial can hurt future applications). There is no certainty; it's all up to the consular officer. People sometimes say to wait until you've been out of the U.S. for the same amount of time you've been in the U.S. as a rule of thumb, for when to apply for a good chance of getting a visa.