Extension of Visit visa

[SGM1928 33]

Hello,

My parents came to US in Feb,2020 from Kuwait and they had initially planned to go back in April but their flights got cancelled and Kuwait had closed its aiport.

We rebooked the ticket multiple times everything got cancelled as Kuwait has not opened it borders yet.

Their 6months stay gets over in August but we are not sure if Kuwait will open by then, so we are planning to apply for extension. 

Can anyone explain what is the extension process like and whats are the chances of them approving it?

And if also if USCIS dont make a decision on the extension by August and if they over stay what are the consequences?

[Lucky2Lucky 2,526]

Have there been any repatriation flights? You probably won’t find those on Expedia but on the embassy website. If they overstay, depending how long, they will occur a ban from the US and make it much more difficult if not impossible to obtain a b1/b2 visa in the future once they are done with their ban.

[SusieQQQ 11,586]

I539. They seem quite relaxed above coronavirus related extensions, but it takes them months to adjudicate. 
https://www.uscis.gov/news/alerts/covid-19-delays-extensionchange-status-filings

 

Your questions are mostly answered in the official “how do I” guide  https://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf

page 3 explains the consequences of overstay /when it starts/ how subsequent approval or denial affects it

 

this question has been asked repeatedly recently, there are a number of threads in this very forum about it. You might want to browse them.

Edited June 18, 2020 by SusieQQQ

[SGM1928 33]

14 minutes ago, Luckycuds said:

Have there been any repatriation flights? You probably won’t find those on Expedia but on the embassy website. If they overstay, depending how long, they will occur a ban from the US and make it much more difficult if not impossible to obtain a b1/b2 visa in the future once they are done with their ban.

Thank you for the reply but No there are no repatriation flights thats the problem we have...we would never even think of overstaying if Kuwait had open borders....

[igoyougoduke 1,656]

5 hours ago, SGM1928 said:

Hello,

My parents came to US in Feb,2020 from Kuwait and they had initially planned to go back in April but their flights got cancelled and Kuwait had closed its aiport.

We rebooked the ticket multiple times everything got cancelled as Kuwait has not opened it borders yet.

Their 6months stay gets over in August but we are not sure if Kuwait will open by then, so we are planning to apply for extension. 

Can anyone explain what is the extension process like and whats are the chances of them approving it?

And if also if USCIS dont make a decision on the extension by August and if they over stay what are the consequences?

you can file the extension online https://www.uscis.gov/i-539. They will be in authorized stay  once their i-94 expired and pending adjudication of extension. Should the extension get denied they will have unauthorized stay from the day of denial to when they leave US. Shouldnt be difficult to get an extension when filed on time.

[SusieQQQ 11,586]

51 minutes ago, James120383 said:

you can file the extension online https://www.uscis.gov/i-539. They will be in authorized stay  once their i-94 expired and pending adjudication of extension. Should the extension get denied they will have unauthorized stay from the day of denial to when they leave US. Shouldnt be difficult to get an extension when filed on time.

That’s not exactly accurate. See page 3 of the link I provided above. 

What if I file for an extension of stay on time but USCIS doesn’t make a decision before my I–94 expires?
Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires, even if you have timely applied to extend your nonimmigrant status. Generally, as a matter of discretion, USCIS will defer any removal proceedings until after the petition is adjudicated and USCIS decides your request for extension of nonimmigrant status. Nevertheless, DHS may bring a removal proceeding against you, even if you have an application for extension of status pending.
Even though you are not actually in a lawful nonimmigrant status, you do not accrue “unlawful presence” for purposes of inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act, while your extension of status application is pending if it was filed prior to the expiration of your Form I-94..

—-

 

If the application is approved it is backdated to the end of the original i94, retroactively wiping out the overstay, if it is denied the overstay stays in place and unlawful presence starts accruing from date of denial. But at no stage while the application is pending is the applicant in “authorized stay” after I94 has expired - they make it very clear you are out of status and still technically subject to removal proceedings.

Edited June 19, 2020 by SusieQQQ

[Allovertheworld 355]

I was at a small party last Sunday with a group.  There were two sets of parents from Philippines who I had last saw before Christmas at a Christmas Party,  both couples had extended their tourist visa, So I am thinking it a common thing during this time since it's hard to catch a flight from USA to other parts of the world, and besides you wants to go to Philippines and get quarantined for 14 days, and then go under house arrest until the decide to lift lock down there.

 

Since getting a tourist visa from Philippines to USA  for older citizens is fairly common, I guess extending them is common at the moment.

[SGM1928 33]

On 6/20/2020 at 10:09 AM, Allovertheworld said:

I was at a small party last Sunday with a group.  There were two sets of parents from Philippines who I had last saw before Christmas at a Christmas Party,  both couples had extended their tourist visa, So I am thinking it a common thing during this time since it's hard to catch a flight from USA to other parts of the world, and besides you wants to go to Philippines and get quarantined for 14 days, and then go under house arrest until the decide to lift lock down there.

 

Since getting a tourist visa from Philippines to USA  for older citizens is fairly common, I guess extending them is common at the moment.

Gives me some hope about the extension...thank you 

[SusieQQQ 11,586]

On 6/20/2020 at 7:09 AM, Allovertheworld said:

both couples had extended their tourist visa

Both couples had received approval already, or had applied? If they already received approval, when did they apply, given i539 processing was generally running at 4 months plus even before the pandemic?

[Allovertheworld 355]

15 hours ago, SusieQQQ said:

Both couples had received approval already, or had applied? If they already received approval, when did they apply, given i539 processing was generally running at 4 months plus even before the pandemic?

Didn't go into details about it, It was a pool party. I just casually asked since I wondered if they would still be in the USA or had left. Philippines has put anyone under age 20 or over age 60 on house arrest and they are not allowed to leave the house for the last 90 days.

 

All I was told is they were extended, 

[SusieQQQ 11,586]

2 hours ago, Allovertheworld said:

Didn't go into details about it, It was a pool party. I just casually asked since I wondered if they would still be in the USA or had left. Philippines has put anyone under age 20 or over age 60 on house arrest and they are not allowed to leave the house for the last 90 days.

 

All I was told is they were extended, 

I don’t think uscis particularly cares about quarantine rules in home countries. I was just wondering at the information being provided to forum members that states people have been extended as being factual or not. I haven’t heard of a single case reported  where a pandemic-related I539 application has been adjudicated yet.  I’m sure most of them will be approved, but that’s not the same as stating it’s happened. 

Edited June 23, 2020 by SusieQQQ