Legal Question in Immigration Law in New Jersey

My mom is planning to apply a tourist visa in us embassy so that she'll be here in the celebration of my daughter's 1st birthday but i need her to stay longer here in US so that she can help me taking care of my daughter while i'm working. If she got approved can she renew or extend her tourist visa? Cause 2yrs more for me to petition my mom that's why we are planning to get tourist visa for now.

I hope somebody will help me. Thank uou very much


Asked on 11/12/15, 8:42 pm

2 Answers from Attorneys

Philip Eichorn Hammond Law Group

Yes you can extend her time and can file that when she arrives. She probably won't get extensions for two years but usually USCIS will grant one which should get you through he first year of raising your child. Congrats on the newborn and cal us if you need any help.

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Answered on 11/13/15, 4:31 am
Ana Yngelmo YNGELMO LAW

She can apply for an extension, but it doesn't mean she'll get it. To be eligible for a non-immigrant visa (in your mom's case, a tourist visa), the foreign national must prove their intent is to come here for a temporary visit and they'll leave before their authorized stay expires. You must continue to show that "non-immigrant intent" when you apply for an extension of your stay. If you tell USCIS she's requesting an extension so she can eventually stay here, they'll likely deny it because it fails to show non-immigrant intent. I assume you're a U.S. citizen and will be eligible to apply for naturalization in two years. If that's the case, then there are other factors to consider. I suggest you speak with an immigration attorney before your mom attends the interview at the consulate, so you understand well what she'll be required to demonstrate, and to explain the requirements for an extension if she's granted the visa. I'll be glad to talk to you about it. My office is located in Newark, NJ and the initial consultation is free.

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Answered on 11/13/15, 7:24 am


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