B2 Visa extension for parents

arun2681

Registered Users (C)
#1
Dear experts,

My parents-in-laws came from India to the US on Aug 22, 2017 for a 6 month visit on B2 visa. They are scheduled to return back on Feb 15th, 2018. We would like to extend their stay by 1.5 - 2 months to April 10th or 15th. They have a 10-year return B2 Visa through 2024, and have their I-94 stamped through Feb 15th and confirmed returned flights also on Feb 15.

Could you please let me know all the documentation and USCIS forms required for the extension request.
Also, do we need to extend their airline tickets and then apply for renewal.

Thanks & Regards,
 

Pierre82

Well-Known Member
#2
Dear experts,

My parents-in-laws came from India to the US on Aug 22, 2017 for a 6 month visit on B2 visa. They are scheduled to return back on Feb 15th, 2018. We would like to extend their stay by 1.5 - 2 months to April 10th or 15th. They have a 10-year return B2 Visa through 2024, and have their I-94 stamped through Feb 15th and confirmed returned flights also on Feb 15.

Could you please let me know all the documentation and USCIS forms required for the extension request.
Also, do we need to extend their airline tickets and then apply for renewal.

Thanks & Regards,
If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.

Please see more details on this website https://www.uscis.gov/visit-united-states/extend-your-stay
 

arun2681

Registered Users (C)
#3
Thanks for your reply. I reviewed the I-539 form & instructions and form M-752, that has specific instructions for B2 visa renewals and got the information I needed.
Could you please assist with a follow-up question - My parents-in-law first entered to US in Dec 2014. Their passport has expired since last visit and they entered the US in Aug 2017 using the new passport. So, their B2 visa that expires in 2024, is in the old passport. The entry stamp from Aug 2017 visit is in the new passport. When we retrieved the I-94 from the USCIS website, it was under the expired passport. Should we fill the information of old or new passport in the relevant section of I-539 form. They will enclose copies of old and new passports with the application.
Thanks,
 

Pierre82

Well-Known Member
#4
Thanks for your reply. I reviewed the I-539 form & instructions and form M-752, that has specific instructions for B2 visa renewals and got the information I needed.
Could you please assist with a follow-up question - My parents-in-law first entered to US in Dec 2014. Their passport has expired since last visit and they entered the US in Aug 2017 using the new passport. So, their B2 visa that expires in 2024, is in the old passport. The entry stamp from Aug 2017 visit is in the new passport. When we retrieved the I-94 from the USCIS website, it was under the expired passport. Should we fill the information of old or new passport in the relevant section of I-539 form. They will enclose copies of old and new passports with the application.
Thanks,
I recommend you add info of the new (valid) passport and just add a copy of the old one, since the only important info of the old one is the valid B2 Visa.
 

arun2681

Registered Users (C)
#5
Okay Thanks,

A couple more questions -

1. Along with the I-539 application,
a. Should I extend their tickets and include copy of confirmed ticket (this would obviously include the cost of changing flight date) or
b. copy of new travel itinerary would be convincing enough.

2. Secondly, I looked up the I-539 processing times on the USCIS Vermont processing center. It has been updated as per Sep 30. The processing time says March 13. Does this mean it is taking about 200 days or 7 months to renew B2 visa extensions ? CA processing center shows July 1, which is 3 months using the same calculation. We are based in Georgia. How do we know which processing center is assigned to us?

Thanks,
 

Pierre82

Well-Known Member
#6
Okay Thanks,

A couple more questions -

1. Along with the I-539 application,
a. Should I extend their tickets and include copy of confirmed ticket (this would obviously include the cost of changing flight date) or
b. copy of new travel itinerary would be convincing enough.

2. Secondly, I looked up the I-539 processing times on the USCIS Vermont processing center. It has been updated as per Sep 30. The processing time says March 13. Does this mean it is taking about 200 days or 7 months to renew B2 visa extensions ? CA processing center shows July 1, which is 3 months using the same calculation. We are based in Georgia. How do we know which processing center is assigned to us?of

Thanks,

Hi @arun2681 ,

I was not able to paste the information but read this link in order to get an answer for your first group of questions https://www.uscis.gov/sites/default/files/files/form/m-752.pdf

Below is the address you need to send it over and in terms of processing it depends on the service center workload. USCIS suggests to file 45 days
before your stay expires. I´m also adding this link with additional info https://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf

USCIS Dallas Lockbox

For U.S. Postal Service (USPS):

USCIS
P.O. Box 660166
Dallas, TX 75266

For FedEx, UPS, and DHL deliveries:

USCIS
ATTN: I-539
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067
 
Last edited:

arun2681

Registered Users (C)
#7
Hi,

Happy New Year. It has been about 1.5 months since we applied for my parents-in-law extension. We received the receipt notice on Nov 20, 2017. The VSC processing times as of Oct 31 for 'all other applications' under form I-539 shows March 27, 2017 - a 6 month wait time on the decision. If this were to apply to our case, it would be approved in May 2017, 2-2.5 months after their current visa expiry date of 2/21/2018. This category probably contains multiple visa types.

Based on the current trends, what are the chances of approvals before 2/21/2018.
Could anyone please share their experience of successful extension in 2 months time-frame.

Thanks,
 

SusieQQQ

Well-Known Member
#8
Hi,

Happy New Year. It has been about 1.5 months since we applied for my parents-in-law extension. We received the receipt notice on Nov 20, 2017. The VSC processing times as of Oct 31 for 'all other applications' under form I-539 shows March 27, 2017 - a 6 month wait time on the decision. If this were to apply to our case, it would be approved in May 2017, 2-2.5 months after their current visa expiry date of 2/21/2018. This category probably contains multiple visa types.

Based on the current trends, what are the chances of approvals before 2/21/2018.
Could anyone please share their experience of successful extension in 2 months time-frame.

Thanks,
There is no guarantee the application will be approved.
I have no personal insight but another forum which is more active seems to show these requests often only get decided after the initial approved length of stay is expired. And they are not always approved.
 

1AurCitizen

Registered Users (C)
#9
Based on the i539 filing date, odds of adjudication before i94 expiration are about zero.
As noted above, approval is never guaranteed. A hypothetical denial, followed by an overstay, could put the B2 at risk.
In the current environment, all visas\COSs are under increased scrutiny.
 

arun2681

Registered Users (C)
#10
There is no guarantee the application will be approved.
I have no personal insight but another forum which is more active seems to show these requests often only get decided after the initial approved length of stay is expired. And they are not always approved.
Thanks for your reply. Could you please provide me with the link the other forum. I would like to see experiences of folks in a similar boat. Thanks.
 

arun2681

Registered Users (C)
#12
Hi,

Could you please expert comment on the following scenarios:
Their current I-94 expiry is 2/21/2018. They applied for an extension to 4/10/2018:

1. They decide to leave the US on 4/10/2018, with application still pending with USCIS
a. Will this be considered as abandonment of application
b. Do CBP/airport officials inform USCIS about the person leaving the country that triggers them to stop the processing
c. Or, will the application continue to be processed and a decision communicated in the current time-frame, that is around May/Jun 2018
i. If it gets approved in May/Jun, then we are good.
ii. If it gets rejected in May/Jun, will they accrue an overstay for 2 months from Feb 21 to Apr 10, 2018, which puts them in risk of coming back the next time?

2. They decide to leave the US on 4/10/2018, application is approved on March 21, 2018:
a. Will they still accrue an overstay for 1 months from Feb 21 to Mar 21, 2018,, which puts them in risk of coming back the next time?

3. They decide to leave the US on 4/10/2018, application is rejected on March 10, 2018:
a. Should they should leave the US the same day they see the update online or should they wait until they obtain the notice in the mail.
b. Will they accrue an overstay for 20 days from Feb 21 to Mar 10, 2018, which puts them in risk of coming back the next time?

4. We are in now on Jan 18, 2018. Their application to extend to April 10 gets rejected on Jan 21, 2018:
a. As long as they leave the US before the current Feb 21, 2018, they should be good with USCIS/Immigration compliance correct?
b. The rejection does not impact their existing I-94 expiry, correct ? (this maybe a stupid question, but just wanted to be sure)

Thanks,
 

newacct

Well-Known Member
#13
1. They decide to leave the US on 4/10/2018, with application still pending with USCIS
a. Will this be considered as abandonment of application
b. Do CBP/airport officials inform USCIS about the person leaving the country that triggers them to stop the processing
It will probably be treated as abandoned. But there is a small chance they will not get the information and will continue to approve or deny it. But either way, it makes no difference.

c. Or, will the application continue to be processed and a decision communicated in the current time-frame, that is around May/Jun 2018
i. If it gets approved in May/Jun, then we are good.
ii. If it gets rejected in May/Jun, will they accrue an overstay for 2 months from Feb 21 to Apr 10, 2018, which puts them in risk of coming back the next time?
In the unlikely chance that this happens, no, it will not affect their visa.

2. They decide to leave the US on 4/10/2018, application is approved on March 21, 2018:
a. Will they still accrue an overstay for 1 months from Feb 21 to Mar 21, 2018,, which puts them in risk of coming back the next time?
no

3. They decide to leave the US on 4/10/2018, application is rejected on March 10, 2018:
a. Should they should leave the US the same day they see the update online or should they wait until they obtain the notice in the mail.
b. Will they accrue an overstay for 20 days from Feb 21 to Mar 10, 2018, which puts them in risk of coming back the next time?
By the time they know about it, it will be too late. Their visa will be automatically void, and they can only apply for US visas in their country of nationality from now on.

4. We are in now on Jan 18, 2018. Their application to extend to April 10 gets rejected on Jan 21, 2018:
a. As long as they leave the US before the current Feb 21, 2018, they should be good with USCIS/Immigration compliance correct?
b. The rejection does not impact their existing I-94 expiry, correct ? (this maybe a stupid question, but just wanted to be sure)
yes
 
#14
1. They decide to leave the US on 4/10/2018, with application still pending with USCIS
a. Will this be considered as abandonment of application


It will not, the USCIS still wants to know/investigate whether or not you got a genuine reason for extension.

b. Do CBP/airport officials inform USCIS about the person leaving the country that triggers them to stop the processing

So, your application will still be processed.

c. Or, will the application continue to be processed and a decision communicated in the current time-frame, that is around May/Jun 2018
i. If it gets approved in May/Jun, then we are good.
ii. If it gets rejected in May/Jun, will they accrue an overstay for 2 months from Feb 21 to Apr 10, 2018, which puts them in risk of coming back the next time?


If it gets rejected for whatever reason, they will have already incurred two months of overstay. While this may be overlooked upon their future entries (since the case had been pending), this is definitely a flag!

2. They decide to leave the US on 4/10/2018, application is approved on March 21, 2018:
a. Will they still accrue an overstay for 1 months from Feb 21 to Mar 21, 2018,, which puts them in risk of coming back the next time?


Not at all. Been there done that!

3. They decide to leave the US on 4/10/2018, application is rejected on March 10, 2018:
a. Should they should leave the US the same day they see the update online or should they wait until they obtain the notice in the mail.
b. Will they accrue an overstay for 20 days from Feb 21 to Mar 10, 2018, which puts them in risk of coming back the next time?


They will have to leave the country immediately. And again, they will have already incurred an overstay of however many days.

4. We are in now on Jan 18, 2018. Their application to extend to April 10 gets rejected on Jan 21, 2018:
a. As long as they leave the US before the current Feb 21, 2018, they should be good with USCIS/Immigration compliance correct?
b. The rejection does not impact their existing I-94 expiry, correct ? (this maybe a stupid question, but just wanted to be sure)


No impact whatsoever.

Based on my own experiences, if you have a strong and genuine reason for your parents to extend their stay, I would not worry about getting a rejection. Good luck!
 

arun2681

Registered Users (C)
#15
I was taking a peak of the I-539 processing times for VSC and realized our case ("extension of B2 visa") is not processing time list - "Extension of Stay for visas other than F, M, H, L and J". The "All other change of status applications" bucket in 4. is for change of status not extension of stay applications.

Does this mean "the extension of B2 visa" would not come under the following timelines and can be processed quicker i.e. in 1-2 months.

Field Office Processing Dates for Vermont Service Center as of: November 30, 2017

1. I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories April 17, 2017
2. I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents April 17, 2017
3. I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category April 17, 2017
4. I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications April 17, 2017
5. I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students April 17, 2017
6. I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents April 17, 2017
7. I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors April 17, 2017
8. I-539 Application to Extend/Change Nonimmigrant Status T Visa Status October 2, 2016
9. I-539 Application to Extend/Change Nonimmigrant Status U Visa Status October 2, 2016

Thanks,
 

Sm1smom

Super Moderator
#16
I was taking a peak of the I-539 processing times for VSC and realized our case ("extension of B2 visa") is not processing time list - "Extension of Stay for visas other than F, M, H, L and J". The "All other change of status applications" bucket in 4. is for change of status not extension of stay applications.

Does this mean "the extension of B2 visa" would not come under the following timelines and can be processed quicker i.e. in 1-2 months.

Thanks,
EOS processing typically takes much longer than 2 months. And I hope you realize if the petition gets denied, their current visa will be canceled? Even if they’ve left before the petition gets adjudicated - they will still be considered to have overstayed if they don’t leave by the end of the original stay granted on their I-94.
 

arun2681

Registered Users (C)
#17
EOS processing typically takes much longer than 2 months. And I hope you realize if the petition gets denied, their current visa will be canceled? Even if they’ve left before the petition gets adjudicated - they will still be considered to have overstayed if they don’t leave by the end of the original stay granted on their I-94.
Thanks for your prompt reply, Sm1smom, So, what are the current processing times like for EOS of B2 visas. As my previous post, it is not mentioned in the USCIS processing times window - which says 7.5 months. So, would it be like 3 months? We are currently running at 2.5 months now.

I understand the implications of staying back while the petition is pending. So, we are not pursuing that course of action.
 

Sm1smom

Super Moderator
#18
Thanks for your prompt reply, Sm1smom, So, what are the current processing times like for EOS of B2 visas. As my previous post, it is not mentioned in the USCIS processing times window - which says 7.5 months. So, would it be like 3 months? We are currently running at 2.5 months now.

I understand the implications of staying back while the petition is pending. So, we are not pursuing that course of action.
Like I stated in my previous post, it takes much longer than 2 months. I can’t tell you precisely how long.

You should however be able to deduce or get a rough idea from your own post which shows current processing times for similar petitions. And I believe this one in particular covers your case anyways since it deals with all other NIV statuses not specifically called out on the list:
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications April 17, 2017
 

arun2681

Registered Users (C)
#19
Like I stated in my previous post, it takes much longer than 2 months. I can’t tell you precisely how long.

You should however be able to deduce or get a rough idea from your own post which shows current processing times for similar petitions. And I believe this one in particular covers your case anyways since it deals with all other NIV statuses not specifically called out on the list:
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications April 17, 2017
I think, "All other change of status applications" does not cover our case. Our case is "All other extension of stay applications" , which is not specified in the processing timeframes. Do you agree?
I called USCIS, who said that the estimated time-frame for cases not mentioned in processing times web page is 6 months. Could be more or less. I hope it is less. Thanks for your assistance
 

Sm1smom

Super Moderator
#20
I think, "All other change of status applications" does not cover our case. Our case is "All other extension of stay applications" , which is not specified in the processing timeframes. Do you agree?
I called USCIS, who said that the estimated time-frame for cases not mentioned in processing times web page is 6 months. Could be more or less. I hope it is less. Thanks for your assistance
Well, “I-539 Application to Extend/ChangeNonimmigrant Status ” clearly covers your situation even if “Extend” is dropped in the “All Other bla bla bla that followed it.

Good luck with the time frame given over the phone.
 
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