How do you extend a U.S. tourist visa?

[Ighaepero 2]

I'm asking on behalf of one of my mother's acquaintances. She entered the country with a tourist visa on a Greek passport approximately three months ago to visit her son, who is hospitalized after a very bad motorcycle accident (he's lucky to be alive).

She does not speak any English and needs someone to help her extend her stay. I'm unfamiliar with this process, so I was hoping I could get some helpful advice. Also, if her reason for visiting could possibly help her chances of extending her visa, I'd love to know how we could make sure to bring that up to the relevant authorities.

Thanks a lot, everyone. Don't know what my wife and I would've done without VJ these past two years.

PS. I did find this: http://www.uscis.gov/i-539 Is it as simple as filing this out? Or should she go to the a location in person? I also see the site say it's best not to apply for an extension before you've been here for three months. Hm...

Edited July 23, 2014 by Ighaepero

[JohnR! 5,495]

If she entered under the VWP she can't extend her stay and must leave the country when her 90 days are up. If she entered on a B2 visa, she can apply for an extension before her I-94 expires.

You can get more info on this link: ---> http://www.uscis.gov/i-539

Good luck!

[kzielu 1,149]

I'm asking on behalf of one of my mother's acquaintances. She entered the country with a tourist visa on a Greek passport approximately three months ago to visit her son, who is hospitalized after a very bad motorcycle accident (he's lucky to be alive).

She does not speak any English and needs someone to help her extend her stay. I'm unfamiliar with this process, so I was hoping I could get some helpful advice. Also, if her reason for visiting could possibly help her chances of extending her visa, I'd love to know how we could make sure to bring that up to the relevant authorities.

Thanks a lot, everyone. Don't know what my wife and I would've done without VJ these past two years.

PS. I did find this: http://www.uscis.gov/i-539 Is it as simple as filing this out? Or should she go to the a location in person? I also see the site say it's best not to apply for an extension before you've been here for three months. Hm...

If she entered under visa waiver (which she probably did with greek passport) then she can't extend it. Has to leave. If she really had a tourist visa, then can file I-539 for extension - if denied, she'll be overstaying though, visa will be automatically voided and will not be able to come anytime soon.

[Ighaepero 2]

Thanks so much.

If she did enter under the VWP (I will ask her this evening) I'm afraid she will decide to overstay no matter what, given her son's critical condition. Is there any "hardship" appeal she could make in that case?

[JohnR! 5,495]

Thanks so much.

If she did enter under the VWP (I will ask her this evening) I'm afraid she will decide to overstay no matter what, given her son's critical condition. Is there any "hardship" appeal she could make in that case?

If she overstays she will lose her VWP privileges and will have a very hard time getting a visitor's visa to return. I am sorry for her predicament.

[Ian H. 207]

The choice really is up to her. If she decides to take the risk and overstay despite the affect it may have on future travel that's on her. However, unlawful presence really becomes a problem when you accumulate more than 180 days and that period starts the day after she is required to leave. So if her son ever petitions her she wouldn't have a problem getting a green card if she overstayed by less than 180 days, but she may have problems entering under the VWP or getting a tourist visa. I'm also not sure do they even notice if you overstay? Don't people do it all the time?

[Dave&Roza 748]

Thanks so much.

If she did enter under the VWP (I will ask her this evening) I'm afraid she will decide to overstay no matter what, given her son's critical condition. Is there any "hardship" appeal she could make in that case?

This is one of those where she could leave the US for a short return home and return showing her son's hospital records or a note from the attending physician so the CBP will allow her to re-enter the US and hopefully for another 3 months. Has she contacted the Greek Consulate or Embassy here in the US to see if they could do anything on her behalf? I realize the trip home and to return costs money, but weigh that against the consequences of her over-staying and having watched my Brother after his motorcycle accident, you do not know how long this may go on. She could incur a very long bar from the US or it results in her remaining here in the US illegally from this point forward.

I wish her son a speedy recovery,

Dave

[MacUK 983]

but she may have problems entering under the VWP or getting a tourist visa.

If she overstays then she'll never be able to use VWP again.

If it's less than 180 days then there'll be no ban but she will have to apply for a B2 and with a USC son and a history of overstay (even though it's for a good reason) she'll have an uphill struggle to get the B2 approved.

[Ian H. 207]

Actually I'm not sure she could do that. The thing is that they authorize you to stay for a period of time in this case 3 months for a year a time. Meaning that you can't come in January leave in March, come back in June and expect to get another 3 months. The clock resets itself after the year anniversary of when you first entered. So if you come in January and leave in February after 2 months, you still have 1 month left so you can come back after February but you will only be allowed to stay for that remaining month. Your 3 months will start again in January of the following year. If it weren't like this then everyone would come stay for the 3 months, leave then come 2 weeks later and stay another 3 months. She can go back home and apply for a visa so she could stay longer, but given the situation it may be denied.

This is one of those where she could leave the US for a short return home and return showing her son's hospital records or a note from the attending physician so the CBP will allow her to re-enter the US and hopefully for another 3 months. Has she contacted the Greek Consulate or Embassy here in the US to see if they could do anything on her behalf? I realize the trip home and to return costs money, but weigh that against the consequences of her over-staying and having watched my Brother after his motorcycle accident, you do not know how long this may go on. She could incur a very long bar from the US or it results in her remaining here in the US illegally from this point forward.

I wish her son a speedy recovery,

Dave

[belinda63 3,046]

VWP can be used to enter the US for 90 days in one stay. If it is abused the person can be denied entry. There is no rule that says you can only use it once per year.

David and Roza have the best idea. Contact your local embassy and see what they can do to help or leave (other than Canada or Mexico) and come back with all the medical papers as proof of why she is returning so soon after leaving.

[Ian H. 207]

I think you may be right I may be thinking about traveling under a visa or something. But yes, if the privilege is abused it becomes a problem, it's completely up to the CBE to allow or deny entry under the VWP. However, I still think her best bet would have been to get a visa because if she leaves and comes back right away the CBE officer might think she will stay. It really is all about luck with those people you do have to prove you don't intend to stay, but they always have the final word. I really can't stand some of them and that's me traveling as a USC, they couldn't make a more sour face. Of course if you're a USC they can't do squat, they HAVE to let you in. Unfortunately, AOS is also a bad choice if under the VWP. Is the son a USC?

VWP can be used to enter the US for 90 days in one stay. If it is abused the person can be denied entry. There is no rule that says you can only use it once per year.

David and Roza have the best idea. Contact your local embassy and see what they can do to help or leave (other than Canada or Mexico) and come back with all the medical papers as proof of why she is returning so soon after leaving.

[Ighaepero 2]

Thank you for the advice to everyone.

She says she "has ESTA," which I suppose can only mean she entered under the VWP. I'll advise her to speak with the Greek embassy to see if they can help her.

EDIT: The Greek embassy cannot help. I suggested she return to Greece, apply for a B2 visa instead of VWP, and bring with her hospital records and a physician's note as Dave&Rosa suggested to show CBP upon re-entry.

Thanks again, everyone. I don't know the lady but I'm sure she's in a bad spot.

Edited July 24, 2014 by Ighaepero

[Boiler 45,965]

Has she exceeded the 90 days?

Is her son still in Hospital?

If she still has access to the VWP and B2 application may not be advisable.

[Hypnos 6,578]

Even just one day of overstay on the VWP renders her ineligible to use it again for life.

Edited July 24, 2014 by Hypnos

[Asia 2,499]

Actually I'm not sure she could do that. The thing is that they authorize you to stay for a period of time in this case 3 months for a year a time. Meaning that you can't come in January leave in March, come back in June and expect to get another 3 months. The clock resets itself after the year anniversary of when you first entered. So if you come in January and leave in February after 2 months, you still have 1 month left so you can come back after February but you will only be allowed to stay for that remaining month. Your 3 months will start again in January of the following year. If it weren't like this then everyone would come stay for the 3 months, leave then come 2 weeks later and stay another 3 months. She can go back home and apply for a visa so she could stay longer, but given the situation it may be denied.

Not tue.

Please, stop misleading people. That's not the first of your posts, where you're spreading wrong information.

I think the OP was given the right info and passed it to the right person.