Parents B visa extension - urgent help please

dolly75

Registered Users (C)
B1 visa extension for my parents.
My parents have 10 years multiple entry visa.



For the last 2 years they visited US three times very frequently due to my closely apart pregnancies, had two kids in less than two years (My son is 10 months old and daughter is 2 years). Both my pregnancies were high risk and quite complicated.
I had my first one born premature. I needed lot of emotional and moral support during that time. And luckily every time they got 6months stay on their I-94.

Last, they left on Dec 3rd 2006 and had to come back again on 29th dec. This time they were asked lot of questions and officers even came out and talked to me .I was waiting outside to receive my parents. I told them I have an elder brother and a younger sister who also lives in US and they visit them as well. This time they exclusively want to spend time with my kids and me. In the past because of my young kids plus due to parent’s health we couldn’t go to many places.

Anyways, they just got one month’s visa this time, they can stay here till 28th Jan 2007.

In the past they never overstayed, always left the country on time.

This time because of my unusual personal situation, its emotionally very difficult for them to leave me alone in the present circumstances, its equally hard for me as well (I am going thru a tough phase in my life, my husband and I live are living separately .My husband use to beat me, he still does harass me. I am very scared of him. He got arrested few months ago and now a domestic violence court case is going on against him .The final hearing for the case will be on 9th Jan 2007. I am sacred to live alone in such circumstances as in the past he had come home and threatened me to take kids away). I hate to see my parents go thru all this at this age.I really need their support right now, would like my parents to be with me at least till this are all over (may be till mid March). Please advise me what’s my best bet in the present scenario.

I have the following questions?

1. If I file for their extension, what all documents I need to submit and what reason should I give for their extension.?

2. Is the above situation a valid reason for the extension? If not please advise me what should I do?.

3.If I file for the extension ,and they leave before the final decision is made. What will be the impact on the visa status .?

4.If their extension is denied after they have already left –what will be the impact on the visa status?

5.If their extension is denied while they are still in US –what will be the impact on the visa status?


Please share thoughts if anyone else has also been thru the similar situation.

I am very anxious please reply soon.

Thanks,
-Abhi
 
Abhi,
Your parents were given a "restricted" I-94 to start off with. By that I mean, instead of the usual 6 month I-94 or 3 month I-94W, your parents were given only 1 month. This means the officer at the POE wasn't comfortable in issuing a full validity I-94. This may have been primarily due to their extensive stays in the US over the last two years. Plus they returned to the US just three weeks after their last exit. Your folks were lucky that the officer had a chat with you and decided to grant a month long I-94 to your parents. The officer could have denied them entry into the US. Considering this, I would advise you not to file EOS for your parents. You and I cannot even guess what the DHS "system" has as notes with regards to your parents' last entry. USCIS will surely look those up if an EOS is filed. Perhaps the officer at the POE clearly advised against COS/EOS/AOS for your parents. They are risking any further entries into the US by applying for EOS in my view. They should exit the US while their I-94 is valid, thus dispelling any doubts DHS/USCIS may have.
In the end it is your call. Good luck!!!
 
Last edited by a moderator:
Thanks a lot for the response.What you mentioned in the post makes complete sense.


Sincere thanks,
-Abhi
 
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