B2 visa extension Via I539 form

[anshusharmaa87 0]

I have filed I539 for my parents for extending there stay in USA as they could not travel back to home country due to Covid. I filed it 45 days before their I 94 expiration (4th Aug 2020). In application I asked for 4 months of extension till Dec 31st 2020. Their application is still pending and it's already been 6 months. 

My question is - Does USCIS gives default extension of 6 months via I539 extension or they provide extension as per the time mentioned in application(in my case 31st December 2020)

 

Please can someone give me clarity on the duration of stay that can be granted to my parents. 

I am so confused when to book their return travel tickets and need to take decision asap as airline ticket prices are going high everyday. 

 

Any information will be helpful !!! Please help..

 

[Unlockable 7,315]

There are no default extensions with visitor visas. They can say your parents can get an additional 6 months or only 6 weeks.
 

This is the big problem with filing extensions of visitor visas. It is entirely too risky! The average time for a decision takes more than the allotted time the visitors are here. By then, most applicants have overstayed their time. If they are approved, they will be fine. But if they are denied, not only have they overstayed but they will lose their current B2 also. Also, a lot of B2 extensions are known to get denied.

 

Fortunately, they have been more lenient with extensions this year because of Covid. So that may be on your parent's side. But you should prepare your parents to return home as soon as possible. Nearly all countries are allowing citizens to return and have been for a while now. So the reason for not returning home is becoming more difficult to convince a case worker. A lot of people are still using Covid as a reason to stay here longer than allowed even though countries have been opening up.

[anshusharmaa87 0]

Thanks for your response! 

Can you let me know one more thing please. Can I apply for 2nd extension for my parents even if I haven't got any results for the 1st extension?   If yes,then when should I file for the same considering I have asked the first extension till 31st December. 

[SusieQQQ 11,587]

9 minutes ago, anshusharmaa87 said:

Thanks for your response! 

Can you let me know one more thing please. Can I apply for 2nd extension for my parents even if I haven't got any results for the 1st extension?   If yes,then when should I file for the same considering I have asked the first extension till 31st December. 

You should file for the second before you think the first will expire. If the first is denied, the second obviously is irrelevant. The burden of proof will likely be significantly higher on the second one especially given the different contextual circumstances now, so you should bear in mind the significant (imo) additional risk. If either extension is denied and your parents have not left by the end of their authorized stay, their visas will be voided immediately and future ones likely very difficult to get. If they end up being long enough in overstay (180 days plus), they will get a 3-year ban on entry. Make decisions fully understanding the various scenarios and consequences associated with them.

[anshusharmaa87 0]

@SusieQQQ thanks for your response.

 

Unfortunately , today only I got update from USCIS that extension for my parents have been denied. On their website it says that by Nov 28th you will receive letter of notice. 

How much do they have to prepare for their travel? (Their I-94 was expired on Aug 4th 2020). 

And 1 week back (without knowing the results) I booked their travel tickets of 4th December.

 

Do I need to prepone these tickets now? Or 4th Dec is fine. 

 

Please help..

 

[SusieQQQ 11,587]

2 hours ago, anshusharmaa87 said:

@SusieQQQ thanks for your response.

 

Unfortunately , today only I got update from USCIS that extension for my parents have been denied. On their website it says that by Nov 28th you will receive letter of notice. 

How much do they have to prepare for their travel? (Their I-94 was expired on Aug 4th 2020). 

And 1 week back (without knowing the results) I booked their travel tickets of 4th December.

 

Do I need to prepone these tickets now? Or 4th Dec is fine. 

 

Please help..

 

I’m sorry the extension was denied. Technically they should leave as soon as they have been notified - they are deportable now. I doubt anyone will come after them though, and in practice anything under 180 days overstay means they won’t have a ban - although - note that they may find it difficult to get new B visas so not sure whether or not they actually have a ban matters.
 

In your case I would consider the following options: (1) keeping it at 4 Dec, especially if it’s going to stress them particularly to pack up right now and go, and/or end up being very costly to move the tickets forward given that the extra time does not make a difference regarding a ban; but (2) do be aware that technically they should leave immediately, so if they do try get another visa, it would be to their benefit to show that they left as soon as they were notified that the extension was denied. You and they need to decide which option works best overall.
Regardless, please ensure you keep all the paperwork involved with both filing and notices of action/denial, as they will probably be asked to show this if they apply for another visa.  Good luck - 

[anshusharmaa87 0]

Thanks for your all help!!