B2 Visa Extension Question

[deborabr 16]

18 minutes ago, Hawk Riders said:

@deborabr, @miggyab: any updates?

We submitted an 1-539 online on 22 Apr and are awaiting movement (although not at this point anticipating receiving any before 12 Jun when I-94 expires).

Hello Hawk,

 

I have not received anything as of today. USCIS offices are supposedly opening up again today so I am hoping to at least get a notice to complete biometrics soon but I highly doubt we will have a decision made before my mom's authorized period of stay expires at the end of June but I will update here as soon I hear anything. Good luck with your mom's process!!!!

[Hawk Riders 814]

15 minutes ago, deborabr said:

Hello Hawk,

Good luck with your mom's process!!!!

Actually, the extension request is for the CAN spouse currently visiting...

[skyline0610 0]

Hi, Any body any wit extending b2 visas? B1/B2 will stay till september 1, when usa open up border???

[Skyline1006 1]

22 hours ago, skyline0610 said:

 

Edited June 9, 2020 by Skyline1006

[miggyab 20]

On 6/4/2020 at 8:51 PM, Hawk Riders said:

@deborabr, @miggyab: any updates?

We submitted an 1-539 online on 22 Apr and are awaiting movement (although not at this point anticipating receiving any before 12 Jun when I-94 expires).

Nothing on our end, too. My mom hasn't even been able to have her biometrics captured. No updates on her case, still just says "Case Was Received." Good luck to us!

[BDD 8]

We submitted at the end April for my wife's mother and haven't heard anything either. No request for a biometric appointment y et. 

 

The nightmare scenario is if they would deem our request frivolous. Our reasoning is just general concern for health in light of this pandemic (her mother is older than 60, but younger than CDC's official 65; she also has an autoimmune disorder that we didn't disclose though perhaps we should have), unpredictable flight arrangements, and the fact that covid has made the stay not pleasurable which was the purpose of the travel. We asked for 6 more months. 

 

What's your all understanding if the extension is denied? Are the Visa's automatically revoked? Getting a Visa from Romania isn't as easy as it is wealthier countries.

[SusieQQQ 11,587]

22 minutes ago, BDD said:

We submitted at the end April for my wife's mother and haven't heard anything either. No request for a biometric appointment y et. 

 

The nightmare scenario is if they would deem our request frivolous. Our reasoning is just general concern for health in light of this pandemic (her mother is older than 60, but younger than CDC's official 65; she also has an autoimmune disorder that we didn't disclose though perhaps we should have), unpredictable flight arrangements, and the fact that covid has made the stay not pleasurable which was the purpose of the travel. We asked for 6 more months. 

 

What's your all understanding if the extension is denied? Are the Visa's automatically revoked? Getting a Visa from Romania isn't as easy as it is wealthier countries.

There have been no biometric appointments because the ASCs have been (and I think still are) closed. 

 

And yes, if they go beyond their authorized stay period on the i94 and the request is subsequently denied then the existing visa is voided. Another consequence is that any further subsequent visa application can only be made in the country of nationality of the passport. (Really only an issue for people normally residing in another country.) I would expect them to be more lenient than usual around covid issues, but if you don’t have a decision, and she is able to travel home, I’d suggest she go, especially if her i94 has expired.  If she leaves before a decision is made then withdraw the application and she can’t be denied. However, she will still have overstayed if it is past her i94 date and will have to answer “yes” to the overstay question on any future visa application.

Edited June 16, 2020 by SusieQQQ

[BDD 8]

16 minutes ago, SusieQQQ said:

There have been no biometric appointments because the ASCs have been (and I think still are) closed. 

 

And yes, if they go beyond their authorized stay period on the i94 and the request is subsequently denied then the existing visa is voided. Another consequence is that any further subsequent visa application can only be made in the country of nationality of the passport. (Really only an issue for people normally residing in another country.) I would expect them to be more lenient than usual around covid issues, but if you don’t have a decision, and she is able to travel home, I’d suggest she go, especially if her i94 has expired.  If she leaves before a decision is made then withdraw the application and she can’t be denied. However, she will still have overstayed if it is past her i94 date and will have to answer “yes” to the overstay question on any future visa application.

We've already committed to having her stay past the i94 date though we've got a month before that actually happens. We accept the risk because we believe the situation warrants it. It would be great if they granted this as an exception to the overstay question.

[SusieQQQ 11,587]

6 minutes ago, BDD said:

We've already committed to having her stay past the i94 date though we've got a month before that actually happens. We accept the risk because we believe the situation warrants it. It would be great if they granted this as an exception to the overstay question.

It’s not going to be an exception to overstay - sorry. The law is what it is. If the extension request is granted, then it backdates to the end of her original i94 and there is consequently no overstay. If she leaves before it is adjudicated or it is denied, she has overstayed from that date. 
 

 

[Boiler 45,911]

How do people extend their travel insurance for such a long period? Especially those with medical issues.

[BradandKaneko 0]

So our current plan is to travel outside the United States for a few days to ensure she doesn't overstay, if Guatemala doesn't open flights by then. Mexico, Canada, Jamaica, Belize, Trinidad, whatever is least expensive and safe at that time. We looked at extending the Visa but we just don't trust the process with all the uncertainty.  

[milimelo 4,539]

15 minutes ago, BradandKaneko said:

So our current plan is to travel outside the United States for a few days to ensure she doesn't overstay, if Guatemala doesn't open flights by then. Mexico, Canada, Jamaica, Belize, Trinidad, whatever is least expensive and safe at that time. We looked at extending the Visa but we just don't trust the process with all the uncertainty.  

That won't work - border hopping to extend stay is specifically excluded and won't get you additional time. 

[BradandKaneko 0]

I did it for 5 years personally and never had a problem. We are looking for solutions and this is the best so that's the route we are going to go...

[Boiler 45,911]

Please let us know how it works out.

[SusieQQQ 11,587]

1 hour ago, BradandKaneko said:

I did it for 5 years personally and never had a problem. We are looking for solutions and this is the best so that's the route we are going to go...

you spent 5 years in the US on a tourist visa by visiting neighboring territories regularly?