B2 Visa Extension, 20 days prior to I94 expiration

[nand_lk]

Hi,

My mother is applying B2 visa extension, just 20 days prior to her I94 expiration.

I see 45 days (prior I94 expiration) requirement, therefore we are bit nervous to wait for result beyond I94 expiration. Could someone tell me whether we'll run into issues, please?

Most importantly, we are planning to file for his green card, through Adjustment of Status, during his second 6 months stay (if our application is successful for B2). My brother is expecting his Citizenship quite soon!. Could this plan cause problems?

regards,

Nand

 

[BigJoe5]

Hi,

My mother is applying B2 visa extension, just 20 days prior to her I94 expiration.

I see 45 days (prior I94 expiration) requirement, therefore we are bit nervous to wait for result beyond I94 expiration. Could someone tell me whether we'll run into issues, please?

Most importantly, we are planning to file for his green card, through Adjustment of Status, during his second 6 months stay (if our application is successful for B2). My brother is expecting his Citizenship quite soon!. Could this plan cause problems?

regards,

Nand

45 days is preferred and recommended but not legally required. USCIS must accept the I-539 even the day before the I-94 expires and can accept a late filing in its discretion.

PLANNING to commit fraud is always BAD! The B2 is a NON-IMMIGRANT visa and by planning to file for adjustment one must LIE about their intentions. Lying is fraud and a problem. Don't misuse the B2 visa. Doing so only makes it more difficult for your entire country's B2 refusal rate!

 

[nand_lk]

45 days is preferred and recommended but not legally required. USCIS must accept the I-539 even the day before the I-94 expires and can accept a late filing in its discretion.

Thanks BigJoe5!

PLANNING to commit fraud is always BAD! The B2 is a NON-IMMIGRANT visa and by planning to file for adjustment one must LIE about their intentions. Lying is fraud and a problem. Don't misuse the B2 visa. Doing so only makes it more difficult for your entire country's B2 refusal rate!

Well, we didn't intend to commit fraud! We didn't have the intention of filing her GC when we apply for B2. After going through the forum, we already decided not to go through AOS path.
I'm just curious, is USCIS treat same for all NON-IMMIGRANT visas who try to AOS? Or is this a special case for Tourist Visa?

Furthermore, when we use the I130 path, how long normally take to bring a parent?

Thanks,

Nand.

 

[BigJoe5]

Thanks BigJoe5!


Well, we didn't intend to commit fraud! We didn't have the intention of filing her GC when we apply for B2. After going through the forum, we already decided not to go through AOS path.
I'm just curious, is USCIS treat same for all NON-IMMIGRANT visas who try to AOS? Or is this a special case for Tourist Visa?

Furthermore, when we use the I130 path, how long normally take to bring a parent?

Thanks,

Nand.

Two NIVs have a statutory exception described as "dual intent" those are the H and L worker visas. Certain others may later file for adjustment based on their NIV status (diplomats and semi-diplomatic foreign government employees). Certain NIVs are precluded from adjustment under specific circumstances--K-1s have to file based on their marriage to their sponsoring fiance; some Js have to get a waiver OT go home for 2 years). Still others are flat out barred from adjustment -- crew members and transits as well as EWIs (entry without inspection) are strictly prohibited (unless qualified for a hard to get OLD exception--245(i)) and some overstays cannot adjust EXCEPT as an Immediate Relative of a USC, etc...

In order to get a B visa, one MUST establish their non-immigrant intent, ties to home and intent to depart the U.S.; and this is also true upon EACH ENTRY as a tourist. This applies to EXTENSION applications as well.

It is complicated stuff to begin with and adding complexity only makes things worse. It is best to apply for what you are actually seeking and qualify for rather than trying backdoors, exceptions, and loopholes. Many loopholes very easily tighten into a noose.

Immediate Relative Consular Processing following the lawful path may take 6 to 18 months from filing an I-130 to entry on an Immigrant Visa.

 

[nand_lk]

Two NIVs have a statutory exception described as "dual intent" those are the H and L worker visas. Certain others may later file for adjustment based on their NIV status (diplomats and semi-diplomatic foreign government employees). Certain NIVs are precluded from adjustment under specific circumstances--K-1s have to file based on their marriage to their sponsoring fiance; some Js have to get a waiver OT go home for 2 years). Still others are flat out barred from adjustment -- crew members and transits as well as EWIs (entry without inspection) are strictly prohibited (unless qualified for a hard to get OLD exception--245(i)) and some overstays cannot adjust EXCEPT as an Immediate Relative of a USC, etc...

In order to get a B visa, one MUST establish their non-immigrant intent, ties to home and intent to depart the U.S.; and this is also true upon EACH ENTRY as a tourist. This applies to EXTENSION applications as well.

It is complicated stuff to begin with and adding complexity only makes things worse. It is best to apply for what you are actually seeking and qualify for rather than trying backdoors, exceptions, and loopholes. Many loopholes very easily tighten into a noose.

Immediate Relative Consular Processing following the lawful path may take 6 to 18 months from filing an I-130 to entry on an Immigrant Visa.

Thanks BigJoe!