"WT" No Visa When Visiting, Extending Stay Options

[tostirma123 0]

Hello, I'm sorry if this is in the wrong forum section. I have a couple of questions I need help with. Our current situation is this,

I'm trying to help my Aunt's sister who is currently visiting San Francisco from Taiwan because my Aunt's husband recently fell ill and has been in the hospital indefinetly. She came to to help, and offer any support while he is ill. She came directly from Taiwan and did not get a Visa in Taiwan, she went to Customs in the San Francisco airport and they stamped her passport with a "WT" which I think means she is a tourist? It says she is allowed to stay here for 90 days. They want to extend her visit another 90 days, but while I was trying to help her fill out the I-539 form I noticed it said you may not extend your stay if your here on a Visa waiver. Does this mean we can not extend her stay?

The second question is, some people have told her that if she wants to stay longer she can leave the US and go to Mexico or Canada for a day and then re-enter the US and they will give her another 90 days. Is this true? How does this work? When I asked a friend about this he said she would have to go to a Canada Consulate/Embassy in San Francisco and get a Visa first then go to Canada, then re-enter San Francisco. But he also said it would be up the the customs agent at that time to allow her back in or not so it isn't guarenteed.

Sorry for the long post, thank you for any help!

[CC90 90]

She cannot extend her say.

And she cannot simply go to Canada or Mexico and come back.

Applying for a B1/B2 visa is an option only really in Taiwan. She wouldn't be able to apply for this in Canada/Mexico.

[Boiler 45,981]

Agreed

[tostirma123 0]

I see, thank you for your help. When you say applying for a B1/B2 Visa in Taiwan as a option, is there a wait period? When her stay expires in September, and she goes back home to Taiwan, can she immediately apply for one and then come back?

[NigeriaorBust 4,087]

She can look to see if she can schedule an interview while here. She must be able to show strong ties to Taiwan which will be hard with her extended stay in the US.

[Boiler 45,981]

If she wants to live in the US she needs an immigrant visa, not a visitor visa.

[Harsh_77 718]

I see, thank you for your help. When you say applying for a B1/B2 Visa in Taiwan as a option, is there a wait period? When her stay expires in September, and she goes back home to Taiwan, can she immediately apply for one and then come back?

Generally there is no wait time for B1/2 visa but she would need a really good reason why she needs a B1/2 if her B1/2 is rejected she no longer can use her VWP either.

Even if her B1/2 is approved at POE it would be difficult as she just had a 90 day stay and she is coming back again.

Going to Canada or Mexico and coming back is not going to extend her stay by another 90 days.

[Boiler 45,981]

if her B1/2 is rejected she no longer can use her VWP either.

She would need to update ESTA which may result in a denial.

[tostirma123 0]

If she wants to live in the US she needs an immigrant visa, not a visitor visa.

She doesn't want to live in the US, and has no intention of ever doing so. All she wants to do is extend her stay another 3 months, or whatever is the maximum amount of time given, to help her sister.

[NigeriaorBust 4,087]

They long ago closed the loophole that allowed a quick trip to Canada or Mexico to reset your status. She must leave at the end of 90 days or NEVER use the VWP to enter again. Once she has left it is up to the screening agent to decide if she can enter and for how long. An immediate return will almost be a certain denial.

[Boiler 45,981]

She doesn't want to live in the US, and has no intention of ever doing so. All she wants to do is extend her stay another 3 months, or whatever is the maximum amount of time given, to help her sister.

Her stay is limited to 90 days not 3 months and can not be extended.

[Darnell 8,479]

ya, Taiwan was added to the Visa Waiver Program (or something resembling it) recently.

So, 90 days is 90 days . Is no way to extend it, even trying to file an I-539..

Suggest purchase air tickets ahead of time, cheaply, to get back and forth to Taiwan, instead.

The second question is, some people have told her that if she wants to stay longer she can leave the US and go to Mexico or Canada for a day and then re-enter the US and they will give her another 90 days.

I want to warn you about 'some people' - most likely they are her friends, and know a bit about what used to work the game the system. None of that stuff works anymore.

Edited August 17, 2013 by Darnell

[tostirma123 0]

OK, thank you everyone for your help and advice. I guess the next time in the future when she visits she will obtain a Visa and not use the Visa Waiver Program. She says her travel agent recommended using that way because it was easier, but did not know under what circumstances she was coming here for so he thought she was just coming to sightsee. Thank you all once again for the help!

[Boiler 45,981]

Not impossible, but unlikely she would get a Visitor Visa when she is eligible for the VWP.

[aaron2020 11,651]

OK, thank you everyone for your help and advice. I guess the next time in the future when she visits she will obtain a Visa and not use the Visa Waiver Program. She says her travel agent recommended using that way because it was easier, but did not know under what circumstances she was coming here for so he thought she was just coming to sightsee. Thank you all once again for the help!

If her visitor visa is denied, she will no longer be allowed to use the VWP for a couple of years. That's the risk of applying for a visitor visa when the person is already allowed 90 days in the US.