Tourist Extend Stay I539 not Approved Yet

[Coco8 1,042]

From past cases I've heard, I539  takes too long and it's usually denied. That means that by the time you receive a reply, you already have an overstay. That's why it's a bad idea to even request one. 

 

She should have left at the date you said she was going to be leaving which is December. The issue now is that she overstayed. You cannot ask to stay long after the day has passed. This is like when one of my students asks me for more to time to submit a homework and the deadline had already passed. 

 

I understand that there were issues with COVID. The US government does not care. They have kids in cages and ICE is sending US citizen babies back to Mexico without birth certificate FFS They are not going to care about any reasons anyone gives, no matter how valid they are.

 

 

[FlowerofPumpkin 0]

  On 2/9/2021 at 3:42 AM, Coco8 said:

From past cases I've heard, I539  takes too long and it's usually denied. That means that by the time you receive a reply, you already have an overstay. That's why it's a bad idea to even request one. 

 

She should have left at the date you said she was going to be leaving which is December. The issue now is that she overstayed. You cannot ask to stay long after the day has passed. This is like when one of my students asks me for more to time to submit a homework and the deadline had already passed. 

 

I understand that there were issues with COVID. The US government does not care. They have kids in cages and ICE is sending US citizen babies back to Mexico without birth certificate FFS They are not going to care about any reasons anyone gives, no matter how valid they are.

 

 

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So, I dont know how to do now. She could not swim through Pacific ocean when no flight carry her. If US deports her at least they offer her a flight  home.

 

Thanks!

[Coco8 1,042]

  On 2/9/2021 at 4:01 AM, FlowerofPumpkin said:

So, I dont know how to do now.

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You are a US citizen, so can't you apply for her to adjust and get a green card?

[FlowerofPumpkin 0]

  On 2/9/2021 at 4:14 AM, Coco8 said:

You are a US citizen, so can't you apply for her to adjust and get a green card?

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Initially, she does not want to stay in US forever. But in this situation, I could convince her.

 

In this case, can i have more questions,

Can I do that while I539 not approved yet? and how?

In the  meantime, will she legally stay here until the interview? She has to stay here until they call her for interview or she could come back to VN whenever she has flight offered?

Thanks.

 

[Coco8 1,042]

  On 2/9/2021 at 4:20 AM, FlowerofPumpkin said:

Initially, she does not want to stay in US forever. But in this situation, I could convince her.

 

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That ship has sailed. Most likely she won't be allowed back in a visitor visa again. It's basically between not being allowed back or applying for a green card.  Also, COVID restrictions are going to be on for one more year. People keep hoping but this is going to last a while and you want to keep posting her trip. 

 

You cannot keep waiting and doing whatever your mother wants. She has no clue about immigration and visas in the US and how strict it is. 

Edited February 9, 2021 by Coco8

[FlowerofPumpkin 0]

  On 2/9/2021 at 3:31 AM, FlowerofPumpkin said:

Did you come back to VN successfully? Or your family member did? Can you share your experience with me? Did you join some forums waiting for the flight and know how Vietnamese citizen suffering with expired visas in Asian countries?

 

Wanting more time on I 539 because there are no hope for my mom coming back to VN in May/2021.

 

With Covid19 and no commerce airline tickets (Now government just announced no flights again), I don't think she got denied. I'm just confused about  applying another I539 or somehow can modify the existing I539.

 

 

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I just found this blog, I have read similar somewhere, very useful:

 

https://www.stilt.com/blog/2020/04/visitor-visa-extension-covid-19/#Can_B2_Visas_be_Extended_During_COVID19

[SalishSea 18,236]

  On 2/8/2021 at 9:40 PM, Boiler said:

did not realise there was any Country banning its own citizens returning.

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Only in VJworld.

[SalishSea 18,236]

Anyone who has travelled to the US during the pandemic cannot really use that excuse as a reason to not go home.....clearly, it was and is, an issue.

[Unlockable 7,316]

*** One hijacking post removed.

 

VJ Moderation

[retheem 568]

File for AOS for her if you are a citizen. Problem solved

[Loren Y 2,756]

Not sure where you are in the US, but you could book her a flight to Chile. They are allowing anyone in with just a 10 day quarantine, and it looks like they are pretty favorable to Vietnamese citizens, giving 90 days visa free entry, and it looks like extensions are pretty easy to obtain. Then she would have had more time to work on a reparation flight. Another option would have been to fly her into a neighboring country where she still might have been stuck with a mandatory quarantine, but then she could have presented herself at a land crossing to get into Vietnam, and as a citizen I believe they would let her in. It doesn't matter now as it looks like she has already overstayed, I guess she should stay as long as possible now, as it will be the last trip and make the best of it. It has been taking 5-6 months to hear back on I 539. Hopefully they approve it.

[FlowerofPumpkin 0]

  On 2/9/2021 at 2:42 PM, Loren Y said:

Not sure where you are in the US, but you could book her a flight to Chile. They are allowing anyone in with just a 10 day quarantine, and it looks like they are pretty favorable to Vietnamese citizens, giving 90 days visa free entry, and it looks like extensions are pretty easy to obtain. Then she would have had more time to work on a reparation flight. Another option would have been to fly her into a neighboring country where she still might have been stuck with a mandatory quarantine, but then she could have presented herself at a land crossing to get into Vietnam, and as a citizen I believe they would let her in. It doesn't matter now as it looks like she has already overstayed, I guess she should stay as long as possible now, as it will be the last trip and make the best of it. It has been taking 5-6 months to hear back on I 539. Hopefully they approve it.

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Thanks for your advice but she has never been in any country by herself and she is 75 yrs old no English speaking.

Look like I have to contact Immigration lawyer for her case. 

 

[neca 166]

I would just AOS at this point, if it's all the same in the end with her not being able to return, she can abandon her residency when covid clears up.

 

In other words, others seem to indicate that she will not be allowed back into the US again because she overstayed this time, so it's either she stays here with you and your father, or she isn't allowed to visit anymore, meaning you and your father will have to visit her if you want to see her. Since you said that flights seem to be really expensive, might as well just pay for the AOS. I know you said that she doesn't want to live in the US, but times are tough and you're looking at her overstaying for at least another ten months.

[FlowerofPumpkin 0]

  On 2/9/2021 at 4:33 PM, neca said:

I would just AOS at this point, if it's all the same in the end with her not being able to return, she can abandon her residency when covid clears up.

 

In other words, others seem to indicate that she will not be allowed back into the US again because she overstayed this time, so it's either she stays here with you and your father, or she isn't allowed to visit anymore, meaning you and your father will have to visit her if you want to see her. Since you said that flights seem to be really expensive, might as well just pay for the AOS. I know you said that she doesn't want to live in the US, but times are tough and you're looking at her overstaying for at least another ten months.

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Thank you so much! I will follow this solution.

[Boiler 46,338]

  On 2/9/2021 at 4:37 AM, FlowerofPumpkin said:

I just found this blog, I have read similar somewhere, very useful:

 

https://www.stilt.com/blog/2020/04/visitor-visa-extension-covid-19/#Can_B2_Visas_be_Extended_During_COVID19

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That was first time around.

 

Wonder what you showed for her financial capability, travel insurance etc.

 

Anyway do not forget that as she is staying travel insurance no longer applicable and she needs something normal.