Help on B2 Extension - Viable options?

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FunLover2000

Registered Users (C)
My parents had a 10 year visitor visa and already visited twice, each 6 months (without any extension) since 3 years.

For the third time they are here and now considering extension as my brother is expecting a baby and 3 months extension would be of great help to him.

In this scenario, what options do we have? We are thinking of the following, but not sure merits and demerits of it..

1. I live in Southern CA and recently got my GC. So, I will cross them Mexico border by drive for couple of days and bring them back. Will they get new I-94 with extension ?
2. Just before a week of the current expiry, apply for extension..stay for 3 months (decision may or may not arrive) and leave. What benefits/consequences does it have?
3. Apply for extension before 60 days of their I-94 extension. Decision may arrive while they are here (2 months advance and 3 months wants to stay...5 months). If the negative decision arrives, they will need to leave immediately with some unlawful presence accrued and doesn't satisfy my brothers wish of 3 months of stay.

Are there any other viable options?

Lastly, what kind of family emergencies would grant visa extension?

Sorry for this long message. Inputs/Comments are appreciated. Thank you very much.
 
1.- No. They won't. For a new I-94 they should leave to a country NOT in North America or the Caribbean. Either way, returning after only a few days will only arise problems at the Port of Entry.
2.- You are supposed to apply at least 3 months before the i-94 expires so you have a decision in hand before they "fall out of status". Because if the extension is denied (and for the reasons you state, it very likely will be denied) then their visa may be canceled next time they try to enter the USA under 222(g).
3.- Tell your brother to hire a nanny, babysitter, nurse, whatever... and give an american a job. Parents are not supposed to "work" and "help/assist" in this, that is not a reason for an extension. He is putting your parents' visa at risk with this and they may not use it again and will have to apply all over again for a visa.

What kind of emergencies? real ones...
 
advice

your situation is not new and needs a "big picture" look. i persume that you know how precious this 10 year visa is to you and your family. you should not do anything that can jeoperdize this visa.

option 1 : parents leave as soon as possible and wait for at least 2-3 months. this should be more then 6 months usually but you have a legitimate reason. they can re-enter in 3 moths time for "birth-grandchild" reason. make sure they you send them the doctors letter etc etc

option 2:they should leave at the expiry and wait a reasonible time before re-entering ( 6 months ). your brother needs realize he should not emotionally burden the parents so they feel pressured to stay.

i would like to comment on one thing. you should talk to your brother about the importance of keeping every thing in order. i know of stories from the "non-american "communities where extenstions , over stay and stuff like that are the norm. there are always loop holes and sometimes we are tempted to use the system for our benefit for e.g waiting till the last mintue to apply so your pending application runs till your objective is acheived.

the pain of separation is not the risk you should take even it means money ,family fueds or loneliness.

not a lawyer all that jazz and no offence is intented
 
Thank you very much for the responses.

Unfortunately, our parents may not leave now. Mexico option gone. Its really tough on my brother.
 
Triple Citizen,

As medicinemaan suggested, our parents can't leave now due to other issues in the family. I am not sure whether the intangible issues like helping family union could be a reason to extend the visa though not want to try this route. In India, elders do help for family unions.

Mexico option is gone..meaning, no point to go to Mexico for I-94 extension as PraetorianXI explained.

I said tough on my brother..because for his first issue my parents didn't come here because at that time my father is on temporary assignment in India. Now, for his second issue, my parents extension is in trouble.
 
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