WomanInLove1980

Hi everyone!
I am a US citizen, and I am a single mom of 2 little girls (3 months and 2 years). Their dad and I underwent custody battle and lots of issues are still going on.
My mom came here on a visitor visa to help me through my pregnancy and to take care of my toddler while I was in process of separation. I do not have a single relative in this country and do not have close friends to help me when needed. I am on my own. My mom provided huge support and help. We extended her visa and she was supposed to stay til April. However my grandmother overseas suddenly got sick (subsequently she passed away) and my mother had to leave.
How soon can I have her come back again? She was here for 9 months.
I still need her help and support at least a little bit longer while my babies are so little and I work full time.
What can I do to bring her back for few more months?
I know that she shouldnt be spending too much time here, but are there certain exceptions due to my awful family circumstances? I really need some help to make it through these difficult times.
Please help with your advice
Thanks!

sir_eccles

To clarify, when you say visitor visa you did actually mean B2?

WomanInLove1980

That's correct

SanDiegogirl

question answered

WomanInLove1980

B2

WomanInLove1980

Is it worth applying for green card?

sir_eccles

Good, I assume it is still valid. I'm sure she could buy a ticket and fly out tomorrow if she wished. It's up to the guy on the desk as to whether he lets her in. Probably concerned she is trying to live here. To be safe you'd probably want to wait a few months. Then there are potential tax issues.

WomanInLove1980

That is the problem. I dont want the border patrol and customs people to deny her entry. It's a long and costly trip
What tax issues?
Thanks!

sir_eccles

If she ultimately wants to live here, yes.

No real way of knowing.

Google Irs substantial presence test.

ian-mstm

She can attempt to return any time she wants. However, it will ultimately be up to the CBP officer whether or not to allow her to enter. This is the risk that all visitors to the US take.


If the CBP officer believes that she's trying to live in the US, he can deny her entry. And, as mentioned already, there are tax implications once she spends more than 183 days inside the US - she becomes liable to file a US tax return... yes, even though she's a visitor.


There are none I'm aware of. Without meaning to sound harsh, the US government isn't interested in your personal situation... and it's the job of the CBP officer to keep non-US citizens out of the US.


I understand completely - but there is absolutely no way to know, in advance, whether or not she'll be allowed to enter.

Ian

scrubbedexpat099

Never sure if the tax issue really matters but I see other issues.

Presumably her extension was approved?

You mention child care, not possible on the B, that would need work authorisation.

Personal view is no harm in applying for an extension if you have no plans to return any time soon, you make it sound like she left last month.

WomanInLove1980

Thanks everyone!
Yes she left last month and her visa was valid til April.
So if she returns and shows proof of my grandmother's death (death certificate) and would plead to allow her to complete her allowed time til April the chances of her being allowed entry are slim?
Even though she's legally allowed to be here til April and had to interrupt the visit due to a death in the family?

Noorah101

She wouldn't be allowed to complete the original time in the USA, but she could start a new period of stay.

Rene

scrubbedexpat099

That entry is over, any new application for entry would depend on its own merits.

Rule of thumb is to stay out for at least as long as you were in.

ian-mstm

A visa is a travel document. If the visa is valid to April, that means she can get on a plane to the US any time up until the day the visa expires. This has nothing to do with how long she's allowed to remain in the US once she's admitted. With a B-2 visa, she'll usually be allowed to stay 6 months.

Even if she arrived in the US the day the visa expired, she could possibly be allowed to remain for a full 6 months... whether the visa is expired after that or not. This is perfectly normal.

Ian