B2 Visa Extension of Stay...

del0175

Registered Users (C)
As Triple Citizen said, unless there is a real need for them to extend their stay, it is better not to try this. If the USCIS suspects that your parents plan to extend their stay in the future as well or simply plan to live here most of the year or abuse the visitor visa in other ways their passport maybe stamped with a ban on extensions, or even worse, they maybe denied entry and the visa maybe cancelled or they might get a bar.
 

sreeleshk

Registered Users (C)
My mother who is 65 has had non immigrant B2 Visa since 2003. she was issued a 10 years B2 visa at first 2003. she visited America twice in that ten years, the first time she came was in 2003 and she stayed under 6 months, the second time she came to America was in 2012 when she stayed for 4 months. This is just to show how frequently she comes, and show that she does not over stay. After the B2 expired in 2013, my mom was granted a B2 in 2014 may (she has not been rejected Visa at any time)
My Dad, my sister and I are US Citizens, we could apply for her permanent residency/green card, but she does not wish to come to America every year and with B2 visa it works fine for her, as my mom and dad are spending their retired life in India.
My parents entered USA on the 1st of June 2014 (her B2 was issued in May 2014). They were not given an i94 (my dad as he is a USC, its not a big deal for him). It took me a while to understand that the i94/i94 details can be retrieved from the CBP website. My parents wish to leave together on the 8th of February (the return tickets are for that date) My dad being a retiree of New State (he has Medicaid, pension, social security..) had a cardiologist visit and the doctor scheduled a stress test and has recommended a angiogram/angioplasty after my dad's next appointment on the 12th of December, the procedure will be done the same week.
As they want to leave together, we are looking into filing i539 for extension of stay, since they were not given an I94 , we didn't know what was the authorization date till (we've heard that its 6 months but I thought it was just a myth, boy was I mistaken), and I just figured it out yesterday that the details of i94 can be obtained online from the CBP website, and it shows Nov 30th as her "admit till date". Now that I am looking at the form and instructions it says that it has to be filed 45 days in advance?
We will apply for the extension, but its just 10 more days for her "admit till" date, 11/30/2014. Is the medical reason for my dad enough grounds for her to get an extension or will she be penalized for over staying or is she safe till we get a notice of approval/rejection on the petition. Will she be out of status, and will her visiting visa that is valid till 2024 be cancelled? will she barred from entering America (I read about barring for 3-10 years upon staying over 6 months under a year for a 3 year bar and for 10 years bar for over staying for a year or more) she plans to over stay for approximately 70 days.
Please advise on what can be done, what can be expected, whats the most likely to happen and the worst case scenario.
Thanking you in advance
 

Lucy Furrer

Member
Staff member
She can file I-539 right now for extension with a statement of all reasons including your father's medical issue, and get an INFOPASS online to go to a local office of USCIS, and ask them what else you can do.
https://infopass.uscis.gov
Some lawyers say that if your application is pending, your over stay in the USA is OK until the case decision comes out. But I heard some others say: if the case is denied, the stay could cause trouble.
 

sreeleshk

Registered Users (C)
thanks Lucy. I've filed for extension with all the paperwork, it seems that relax certain conditions if the petition is filed timely. The final decision from USCIS will take time around 75 day, but even if its a denial my mom would have exited the country, without any unlawful presence if at all they aint that strict on a case like hers (as for what I have heard and it may be a case by case matter). If the visa extension is denied, my mom's passport on exit can be stamped, as no extension in the future, or not to return to America till 2017, worst case scenario her current B2 may be voided. But she will not be barred for 3 years (that's only of she has unlawful presence of over six months and under a year) or a 10 year ban (only applied when the unlawful presence is over a year).


Thanks everyone!
 

newacct

Well-Known Member
thanks Lucy. I've filed for extension with all the paperwork, it seems that relax certain conditions if the petition is filed timely. The final decision from USCIS will take time around 75 day, but even if its a denial my mom would have exited the country, without any unlawful presence if at all they aint that strict on a case like hers (as for what I have heard and it may be a case by case matter). If the visa extension is denied, my mom's passport on exit can be stamped, as no extension in the future, or not to return to America till 2017, worst case scenario her current B2 may be voided. But she will not be barred for 3 years (that's only of she has unlawful presence of over six months and under a year) or a 10 year ban (only applied when the unlawful presence is over a year).


Thanks everyone!
If she leaves before the extension is decided, she definitely does not accrue any unlawful presence, and it definitely does not affect her visa. It's only if she is still here when it's denied that she starts to accrue unlawful presence, and voids the visa.
 

sreeleshk

Registered Users (C)
If she leaves before the extension is decided, she definitely does not accrue any unlawful presence, and it definitely does not affect her visa. It's only if she is still here when it's denied that she starts to accrue unlawful presence, and voids the visa.

Would she only start accruing unlawful presence after the visa denial is communicated to her, or it show/or be considered as unlawful presence from the date of her i90 expiration ?

her i94 expiration is on the 30th of nov. by the current trends and processing time it seems to take 75 plus days to get the extension approved or denied, either way communicated by the uscis.

1) hypothetically if its Feb 10th she gets a denial on her extension, and she had already exited on the 5th of Feb, would her stay from bov 30 to feb 5 be considered towards unlawful presence and would her visa be voided?
2) hypothetically if its Feb 10th she gets a denial on her extension, and she had not already exited, and she leaves in 5 days, is her visa still voided as there is unlawful presence
3) in the case of a denial of extension when does the clock start ticking for unlawful presence ?
4) or does the number of days unlawfully present not matter at all ?
 

newacct

Well-Known Member
Would she only start accruing unlawful presence after the visa denial is communicated to her, or it show/or be considered as unlawful presence from the date of her i90 expiration ?

her i94 expiration is on the 30th of nov. by the current trends and processing time it seems to take 75 plus days to get the extension approved or denied, either way communicated by the uscis.

1) hypothetically if its Feb 10th she gets a denial on her extension, and she had already exited on the 5th of Feb, would her stay from bov 30 to feb 5 be considered towards unlawful presence and would her visa be voided?
2) hypothetically if its Feb 10th she gets a denial on her extension, and she had not already exited, and she leaves in 5 days, is her visa still voided as there is unlawful presence
3) in the case of a denial of extension when does the clock start ticking for unlawful presence ?
4) or does the number of days unlawfully present not matter at all ?

1) As I have already mentioned before, one does not accrue unlawful presence if one departs while a timely-filed, non-friviolous Extension of Status is pending. See here and here. And someone who departs while a timely-filed, non-frivolous Extension of Status is pending is not subject to 222(g), which is the section that voids the visa. See here and here.
2) Yes, I believe so.
3) The day after the denial.
4) The visa should be void if she is still here the next day I believe. Unlawful presence does not trigger a ban until she accrues 180 days of it.
 
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