B2 Visa Expiring soon,no extensions due to Covid Sars 2 Pandemic?

[hon08 13]

Hello VJ family,

 

My mom is currently on B2 Visa and arrived here in the US last year, her stay is good until April 7, 2020 only,  and due to Corona Virus , I wanted to extend her stay here with me so I will be more confident that she will be well taken care of . I was supposed to apply for her I-130 since she is already here and go for the “90 days rule” to lift her conditions for Immigrant Visa, but due to my work sched, I forgot to file it last month and was not able to submit the forms to USCIS before the lockdown and now offices were closed due to Covid-Sars2 Pandemic 😢. 

I don’t want to risk my Mom’s B2 Visa being banned for 10 years due to overstaying, but is there any other way to get her Visa be extended? Or will I just wait and continue to file the I-130 for her until USCIS will be opened and ready to accept applications again?

Any advise will be much appreciated. Thank you in advance.

[cd37 229]

As far as I know if your moms 10 years visa is still valid, you can file for stay extension via from i 539 which could extend her stay upto 6 more months. Good luck.

[SusieQQQ 11,586]

You can still file i130 as far as I understand, uscis offices are not entirely closed - their notice says “USCIS staff are continuing to perform duties that do not involve contact with the public.” https://www.uscis.gov

[geowrian 22,337]

16 minutes ago, hon08 said:

I was supposed to apply for her I-130 since she is already here and go for the “90 days rule” to lift her conditions for Immigrant Visa, but due to my work sched, I forgot to file it last month and was not able to submit the forms to USCIS before the lockdown and now offices were closed due to Covid-Sars2 Pandemic 😢. 

A few issues here...

• No such thing as a 90 days rule for AOS here.
• You forgot to file?
• An I-130 does nothing to extend her stay. I think you mean an I-130 + I-485 packet in a concurrent filing (the I-485 is what allows her to stay while her case is being processed).
  • There's no lifting conditions here. There is no immigrant visa if she does AOS.
  • If she does the immigrant visa process - via the I-130 only - then that does nothing regarding her current stay.
• USCIS is still accepting filings at lockboxes, and processing cases at service centers. The field offices and ASCs are currently not operational as they are not conducting face to face interactions. But there was no reason, and still is no reason, to not file sooner rather than later.

 

Quote

I don’t want to risk my Mom’s B2 Visa being banned for 10 years due to overstaying, but is there any other way to get her Visa be extended? Or will I just wait and continue to file the I-130 for her until USCIS will be opened and ready to accept applications again?

Option 1, if she wants to stay only temporarily, is to file for an extension of status (EOS) via an I-539. Note that it is highly probable that they won't even adjudicate it by the time she is asking to extend her stay until. This was often the case before the current situation, and I would expect it to take even longer now.

 

Option 2, if she wants to live in the US as her primary residence (not just visit the US), is to file an I-130 + I-485 packet (including all required and supporting documents). She can remain in the US while her case is pending.

The actual forms needed are similar to that of a spouse in the US: https://www.visajourney.com/guides/i130-spouse-inside-usa/

The main item is an I-130A is not needed, along with evidence of a bona fide marriage. The evidence of a biological relationship to her is required. (presumably the birth certificate, if timely filed).

Note that an I-944 is now required for the I-485...the guide is not updated to reflect this yet.

Edited April 1, 2020 by geowrian

[hon08 13]

Thank you so much.

[hon08 13]

Yes,my mom has a 10 year validity for her Visa. Thank you all for your reply!🙏

[hon08 13]

20 hours ago, geowrian said:

A few issues here...

• No such thing as a 90 days rule for AOS here.
• You forgot to file?
• An I-130 does nothing to extend her stay. I think you mean an I-130 + I-485 packet in a concurrent filing (the I-485 is what allows her to stay while her case is being processed).
  • There's no lifting conditions here. There is no immigrant visa if she does AOS.
  • If she does the immigrant visa process - via the I-130 only - then that does nothing regarding her current stay.
• USCIS is still accepting filings at lockboxes, and processing cases at service centers. The field offices and ASCs are currently not operational as they are not conducting face to face interactions. But there was no reason, and still is no reason, to not file sooner rather than later.

 

Option 1, if she wants to stay only temporarily, is to file for an extension of status (EOS) via an I-539. Note that it is highly probable that they won't even adjudicate it by the time she is asking to extend her stay until. This was often the case before the current situation, and I would expect it to take even longer now.

 

Option 2, if she wants to live in the US as her primary residence (not just visit the US), is to file an I-130 + I-485 packet (including all required and supporting documents). She can remain in the US while her case is pending.

The actual forms needed are similar to that of a spouse in the US: https://www.visajourney.com/guides/i130-spouse-inside-usa/

The main item is an I-130A is not needed, along with evidence of a bona fide marriage. The evidence of a biological relationship to her is required. (presumably the birth certificate, if timely filed).

Note that an I-944 is now required for the I-485...the guide is not updated to reflect this yet.

Thank you so much for taking your time to reply and for guiding me on the right forms that I need  to file for her. I will be doing her I-130 and I-485 packet tonight, so I can mail it by tomorrow or on Friday. 

Stay safe and God bless!

21 hours ago, SusieQQQ said:

You can still file i130 as far as I understand, uscis offices are not entirely closed - their notice says “USCIS staff are continuing to perform duties that do not involve contact with the public.” https://www.uscis.gov

Thank you so much.

[hon08 13]

21 hours ago, cd37 said:

As far as I know if your moms 10 years visa is still valid, you can file for stay extension via from i 539 which could extend her stay upto 6 more months. Good luck.

Thank you so much!

[Boiler 45,486]

Do not forget to sort out her Health Insurance, especially in these times.

[hon08 13]

Hi there!!!

I sent my Mom's I-130 and I-485 at the same time last April.7,2020.

Mom's B2 Visa entry expires April 13,2020.

USCIS received it April 13,2020.

I received NOA for both applications last April 25,2020.

All papers were returned because I need to complete the Form I-864, I lack some documents.

one thing good about it was the NOA's I received wasn't a denial. Both NOA"S stated that they rejected the application for me to complete it and send it all back once completed and done. I have also seen that they all made a copy of all my forms and documents submitted.

I will be sending back the applications tomorrow. Hoping this time I did it right.