Please help - Question on extension

A

arun mehta02

Registered Users (C)
I want to file extension for my mother. She will be completing her six months stay in the next 45 days. My wife is pregnant and expecting in the next 75 days. So, I need my mother to stay atleast another 30 days after her 6 months.

Questions:

1. I was figuring that if I apply for extension 10 days before expiry, by the time the extension decision is made, my wife's pregnancy would be done. Is this valid. Do I have to apply for extension before a certain minimum number of days before expiry of I-94.

2. How do I apply for extension. What are the different documents to be submitted.

3. I am planning on asking for extension giving the reason that my mother needs to see more places in the US. Will the reason of taking grand child (not the to be born one) to India after 6 months be better. Please share experience.

4. If extension denied, how many days do we have to leave the country. Even if you leave after say 72 hours, technically you have overstayed 72 hours since rejection.

Please share your experience. Thank you for your help.
 
first, to apply for an extension of B-2 status, one must submit Form I-539, Application to Extend/Change Nonimmigrant Status, to the Service Center having jurisdiction over place where one is residing in US. application address and fee information available on INS website: www.ins.usdoj.gov. Application must be received by the Service Center PRIOR to the expiration of the admission as visitor (date on your I94).

your questions:
1) No specified time prior: As long as Service Center received application prior to expiration of authorized stay.
2) See above general comment
3) just give them the real reason and the family's situation. documentation of children in family and medical situation might assist in supporting the application
4) INS generally takes the position of "a reasonable time" this is nebulous and unclear: waiting 6 months to leave is bad decision. flying out within 10 minutes of receiving the notice is not usually possible. leaving within 72 hours would probably fit within "reasonable time" for a more accurate interpretation, consult with an immigration attorney or with your local INS district office.
 
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