Extension of stay and related risks

#1
Hi,
I am thinking of extending my mother's stay, she came here on 02/18/2018 and can stay until 08/16/2019. I want to consult doctors to possibly treat her knee pain, hip pain and ankle pain during her extended stay. I have consulted some doctors and they have given medicines but we don't have any planned treatment yet that can serve as proof or required stay. I have been reading and am not clear on the following, can someone please help:

1. If I apply for the extension and it gets denied while she is still in the US, I understand that she needs to leave immediately but does this void her B2 visa as well?
2. If the decision is still pending and she leaves and later we receive a denial, does this also affect her B2 visa?
3. Are there major issues while re entering in the future if we extend the stay?

Thanks,
Vijeta
 

newacct

Well-Known Member
#6
1. yes
2. no, though that doesn't mean they will let her in in the future
3. impossible to say; it's up to the individual immigration officer
No. See 9 FAM 302.1-9(B)(1)(c)(4)(b):
[...]In addition, if an alien departs after the date on the Form I-94 passes, but before his or her application for extension or change of status has been decided by USCIS, they must be subject to a blanket exemption from INA 222(g), if the application was filed in a "timely manner" and is "nonfrivolous" in nature. [...]
 

SusieQQQ

Well-Known Member
#7
So it may come down to whether the type of medical issues being talked about is deemed to be serious enough for an extension or not. She doesn't appear to be hospitalized, no mention has been made of treatment she is unable to get at home, etc.

Regardless, if mom stays longer than what is on the I94 and then wants to come visit again - it could still cause issues at the border, especially if the return visit is fairly soon. Mom would certainly have to be prepared to explain to CBP officers about the request to extend stay, why, that she left before a denial happened (if that was the outcome), why she left when she did before the decision was made, etc.

My personal opinion is that absent an obvious emergency, these requests are always risky, especially because they take so long to adjudicate.

----
I assumed OP made a typo in the original post and entry was this year. If not of course it is a totally different story.
 

1AurCitizen

Registered Users (C)
#8
At present, the B2 applicant is merely considering the treatment options, per OP's verbiage, and nothing has been decided upon nor begun. I don't think this is a valid reason for requesting an extn in the current environment of elevated i539 scrutiny. Odds of an EOS denial are higher than odds of an approval, and getting any decision would be months.

If I were the OP, I'd consider treatment options either in the applicant's home country, or during a later US visit.
 
#10
Hi,
I am thinking of extending my mother's stay, she came here on 02/18/2018 and can stay until 08/16/2019. I want to consult doctors to possibly treat her knee pain, hip pain and ankle pain during her extended stay. I have consulted some doctors and they have given medicines but we don't have any planned treatment yet that can serve as proof or required stay. I have been reading and am not clear on the following, can someone please help:

1. If I apply for the extension and it gets denied while she is still in the US, I understand that she needs to leave immediately but does this void her B2 visa as well?
2. If the decision is still pending and she leaves and later we receive a denial, does this also affect her B2 visa?
3. Are there major issues while re entering in the future if we extend the stay?

Thanks,
Vijeta
Typo correction: My mom entered the US on 02/18/2019.
 
#11
1. yes
2. no, though that doesn't mean they will let her in in the future
3. impossible to say; it's up to the individual immigration officer
Thanks for the quick reply! Is there a gov website where I can find the statement that says that "If the extension is denied while the applicant is in US, the B2 visa will be void" ? Thanks again!
 
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