Questions on B2 Extension Filing

G

guycool

New Member
Hi,
I would appreciate if someone can guide me with my questions on the B2 stay extension for my parents. They are on their 3rd visit to the US. They have a 10 yr multi-entry B2 visa (I had done a I-134 and sponsored them). They had come for 3.5 months in 2003 and then for 6 months in 2006. They got a 6 months I-94 again this year when they arrived in March. They are taking care of our newborn daughter at home while our older son goes to daycare as my wife works as well. We are unable to find a decent daycare opening for our daughter before December'08 and my parents' I-94 expires on Sept 17th. So I am planning to file an extension until Jan 31st for them so they can take care of her until then.

1) Should I provide this reason in the extension application? Or should I only mention that they want to visit the West Coast etc.? Has there been any trend of denials in either case or does staying for the baby sounds justified (it's our real reason)?

2) They are both retired but have another son (my older brother) who lives in India with his family but separately. I am planning to mention that bond and my parents' desire to live in India as the reason to go back. Would this suffice as a reason for them to go back?

3) THIS IS BIGGEST CONCERN: I just saw that USCIS Vermont processing time is running for Oct'07 asof Jul 15th. Does it mean that we may not see a response for their application for next 6 months or more? Is it even advisable to apply in this case now that only 7 weeks remain on their I-94 and even if do, we may not see a response within the period we are requesting the extension for (5 months)? What happens in that case? I certainly don't want their 10 yr visa to be in jeopardy!

4) If I decide to e-file, should I be filing in their name or in mine as a representative? Does it matter?

5) Does the application need to accompany an I-134 executed for both of them by me? If so, could I just send a copy of the one that I did in 2003 for them?

6) Do I need to change their travel tickets now and include a confirmation of the new dates with the application supporting documents?

Thanks for your help and replies!!
 
Thanks for the response.
Anyone else - please respond to my other questions.
Any other opinions/recommendations or approval/denial case examples would be very useful.

Thanks!
 
Since you wanted opinions, here is mine. Visit visa extensions should be for genuine emergencies only. USCIS is fully aware of the fact that majority of B-2 I-539s are not genuine emergencies. This leads to a tougher line against all I-539 applications and also trickles down to tougher B-2 visa approvals at the consulates for nationals of I-539 abusers. You are applying for your parents' extensions so that they can babysit their grandchild. In all aspects, there is nothing wrong with it. However when you look at it from an immigration point of view, this is not a life and death emergency. I am not saying that the I-539 will be denied, it may well get an approval. Is it worth risking 222(g)? That is the call you need to make.

guycool said:
Any other opinions/recommendations
Click to expand...
 
Thanks for all the responses.

One related question:
If the extension request is denied - will they need to visit the US embassy again to get a new visa evenif they have a 10 yr stamp? What has been the experience of other people in general?
 
Your parents are working illegally by babysitting.

If you are unable to find adequate childcare, one parent should stay at home rather than violate US immigration policy.

If you are a guest worker, you should be more careful about abiding by the laws of your host country.
 
If the extension is denied and they have stayed past their I-94 expiry, then 222(g) voids the visa. However, enforcing 222(g) is the discretion of the admitting officer. Bottom line is, I-539s should be used sparingly for life and death emergencies in my opinion.


guycool said:
If the extension request is denied - will they need to visit the US embassy again to get a new visa evenif they have a 10 yr stamp?
Click to expand...
 
You must log in or register to reply here.
Top