extension granted, return date overstayed, want to apply again.

perkroaa

New Member
Hi.

I have a simple case, and a question that I hope is easy for experts to answer.

My mother, who is 56 years old, was granted B-2 visitor's visa to visit me for 3 months, starting from Dec 4th 2007 till Mar 4th, 2008. I'm a student on F1 visa, and was hoping to graduate around that time. It looks now as though I should graduate by May 2009.

In the middle of February we applied for extension, I539, for 6 months. The stated date of return on our application was Sep. 4th. The application was approved, and the decision letter came in two weeks ago. My mother is here. The thing is, neither she nor I, are willing to part. The reasons are two fold:

1. I'm still working to finish and in the process of looking for work. My mother wants to wait and help till I can finish and find work.
2. Last year I was diagnosed with skin cancer, and I had kept this from my mother, who is now naturally freaked and not willing to leave, until she can be sure I'd be OK.

My questions are the following:

1. Can we apply for extension again? Normally, as I understand, we can. However, the problem now is that, since the decision has been made, staying here is accruing those out-of-status days. Is there any legal precedent for us to apply for extension again, citing the reasons above, while she's in this status.

2. If she left right now, only after a two weeks, what would be her chances for gaining entrance again? On the one hand, she gain entrance, and the extension was approved, but on the other, she has overstayed her stated date of return, as well as the date of I539 decision.

3. Are there any other legal options I'm not aware of. Any special considerations for people in our position. The other point is that I am her only remaining close family member, besides her mother, sister and brother. Due to our circumstances, she needs me and I her.

Thanks!
 
Your and your mother's desires to be together means you both need to return to your home country. She may NOT live in the US. Your desires are contrary to US law. Based on her overstay of the date of the applied extension, she will likely be denied entry in the future and will likely have her visa revoked as she has demonstrated that she has no intention of abiding by US law. As her sponsor, you shouild hgave made sure that she left before the date specified that she would on her extension request.

Your personal problems and desires are not the concern of the USCIS/DHS/ICE. Due to the circumstances, you must leave the US. There are many people with far more compelling reasons to need special accomodations and they do not get them either. Face it, when you appleid for your student visa, you assured the VO that you would return to your home county. Now you not only expect to remain here but bring your mother as well.

As a citizen, I do not appreciate your taking advantage of the opportunities you were given to study here and your mother to visit here. You'll get no sympathy from me or the members her who go to great lengths to abide by US laws.

Your only legal option is to send your mother home immediately, and you follow.

By the way, I am older than your mother and cannot imagine why one of my children would need to care for me. Maybe when I am 80 but certainly not before.
 
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She can apply, but highly unlikely it will be approved. Visitors are not supposed to be using B-2 visa to live in the US. It is that simple.

1. Can we apply for extension again? Normally, as I understand, we can. However, the problem now is that, since the decision has been made, staying here is accruing those out-of-status days. Is there any legal precedent for us to apply for extension again, citing the reasons above, while she's in this status.
 
She can apply, but highly unlikely it will be approved. Visitors are not supposed to be using B-2 visa to live in the US. It is that simple.

I understand that quite well, and it is not the intention. The intention is to prolong her stay until my defense and work finding. OK, so you're saying that she can reapply even though we've waited till after the stated return date.

Thanks.
 
Her history is already poor. Why would you do anything to bring additional attention to her situation? What would a forced deportation do to her? While not likely, it is a possibility.
 
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