Can B2 Visa holder return back to USA within 1 month after staying for 9 months in the US

Hi,

My Mother-In-Law was in USA for 9 Months(Applied I-539 extension) and she travelled back to India In DEC 1st week. But due to unseen circumstances she needs to be travel back to take care of my wife as we cannot travel to India (no visas).

  1. Will there be any problem for her at the port of entry?
  2. I have her extension Receipt, other documents as I-94.

Legally, they can return to the US but immigration officer at port of entry might look at it with suspicion and you should have a valid reason to convince him.

B2’s valid reason to return should be tourism and vacation and not family maintenance.

The existing pending i539 extension will most probably be denied as she left the US while it was pending.