Extending visitors visa with British passport

[britinusa 0]

My niece is visiting her father due to a severe illness,  would it possible to extend her visa as her father is still in serious condition, they gave her a 3 months visa 

Edited August 14, 2017 by britinusa

[f f 725]

if she entered on esta/vwp there is no way to extend it and overstaying any amount of time will make her unable to use esta/vwp again. if she entered on a b1/b2 visa she can file a i539 to try to extend her stay.

[az2014 381]

You mean she entered via the Visa Waiver Programe (so no visa) and was given 90 days (not 3 months), right?

 

No she cannot extend her stay.

[f f 725]

if it was vwp then traveling to Canada or Mexico does not reset the clock. she needs to go back to the uk for at least a week or so and then bring tons of information with her as why she needs to return so soon. think doctors records and such.

[britinusa 0]

I think they are going to back to England for a couple of weeks and then comeback , thanks all for your help 

[f f 725]

22 minutes ago, britinusa said:

I think they are going to back to England for a couple of weeks and then comeback , thanks all for your help 

if they feel they may need to come back for more than 90 days they may want to consider getting a b1/2 visa. keep in mind a b1/2 visa denial will make vwp no longer available. but with the b visa they could stay for 6 months.

[az2014 381]

47 minutes ago, britinusa said:

I think they are going to back to England for a couple of weeks and then comeback , thanks all for your help 

After staying for 3 months? How long are they planning to stay the second time?

[Boiler 46,102]

11 hours ago, f f said:

if they feel they may need to come back for more than 90 days they may want to consider getting a b1/2 visa. keep in mind a b1/2 visa denial will make vwp no longer available. but with the b visa they could stay for 6 months.

B denial does not make VWP unavailable, ESTA would need to be updated which may come back negative.

[f f 725]

55 minutes ago, Boiler said:

B denial does not make VWP unavailable, ESTA would need to be updated which may come back negative.

you are right again.

[britinusa 0]

Looks like it's going to be a long term - not even sure if he is going to pull through. I think she was looking at applying for a visa when she gets back to the U.K. - it's always a risk of them denying it. 

[Boiler 46,102]

Would it not be better for him to go home?

 

What sort of visa is she think of applying for?

[f f 725]

they never mentioned what status the father was. 

[britinusa 0]

He is a US citizen, his kids had green cards but they stayed out of the USA for too long due to work and school. I am not sure what choice we have other than a visitors visa.

[Boiler 46,102]

And a UKC?

[f f 725]

4 hours ago, britinusa said:

He is a US citizen, his kids had green cards but they stayed out of the USA for too long due to work and school. I am not sure what choice we have other than a visitors visa.

are his kids still in the us? they can not enter for the purpose of doing this but if they are still here it is legal to switch to it.

 

if he has the money to sponsor them he can apply for them to adjust status so they can remain while it processes and if they do not want to stay permanently they can relinquish the greencards on the way out. to use vwp again.

Edited August 22, 2017 by f f