Overstay due to covid and medical conditions

[teddy k 35]

Hi everyone good day, I'm in the same situation with my 75 yrs old inlaws who came here last November 27 on a B-2 visa 10 yr card they were supposed to return to the Philippines on May 21 but their flight was cancelled again because I tried booking an earlier flight but that was cancelled so since March 28 I've sent several inquiries to CBP about their I -94 so I can at extend I stay but I never received any response from them but I have a case number so it seems like every time I rebook their flight it gets cancelled again by PAL so what do you think about the next time they come back to visit? I would like to be prepared on what's to be done by me in advance. Thanks for your time and help. God bless stay safe

[SusieQQQ 11,586]

54 minutes ago, teddy k said:

Hi everyone good day, I'm in the same situation with my 75 yrs old inlaws who came here last November 27 on a B-2 visa 10 yr card they were supposed to return to the Philippines on May 21 but their flight was cancelled again because I tried booking an earlier flight but that was cancelled so since March 28 I've sent several inquiries to CBP about their I -94 so I can at extend I stay but I never received any response from them but I have a case number so it seems like every time I rebook their flight it gets cancelled again by PAL so what do you think about the next time they come back to visit? I would like to be prepared on what's to be done by me in advance. Thanks for your time and help. God bless stay safe

What do you mean by “you sent enquiries to CBP to extend their stay”? Did you file an extension of stay form? 

[teddyking1958 4]

13 minutes ago, SusieQQQ said:

What do you mean by “you sent enquiries to CBP to extend their stay”? Did you file an extension of stay form? 

I emailed CBP several times and finally got to speak with an agent who gave me a case number so I filled out a form to retrieve their I-94 but I never received an answer so I can request an extension for them I -539

[SusieQQQ 11,586]

14 minutes ago, teddyking1958 said:

I emailed CBP several times and finally got to speak with an agent who gave me a case number so I filled out a form to retrieve their I-94 but I never received an answer so I can request an extension for them I -539

So are they in overstay currently without you (they) having formally filed for an extension of stay? If so for how long?

 

You can retrieve i94s online with passport numbers. https://i94.cbp.dhs.gov/I94/#/home
 

 

Edited July 6, 2020 by SusieQQQ

[teddyking1958 4]

7 minutes ago, SusieQQQ said:

So are they in overstay currently without you (they) having formally filed for an extension of stay? If so for how long?

 

You can retrieve i94s online with passport numbers. https://i94.cbp.dhs.gov/I94/#/home
 

 

I've already tried that link too no response, I can't file for the extension without the I -94 so yes they're in overstay I've been on the phone with USCIS and they said that they were hearing the same thing about the i-94 but they also said that when and if I get it I can file even though it's late,, I'm going to try to call CBP tomorrow morning tired of getting the run-around

[Mystery 2020 30]

5 hours ago, teddyking1958 said:

I've already tried that link too no response, I can't file for the extension without the I -94 so yes they're in overstay I've been on the phone with USCIS and they said that they were hearing the same thing about the i-94 but they also said that when and if I get it I can file even though it's late,, I'm going to try to call CBP tomorrow morning tired of getting the run-around

What do you mean 'no response'? I just tried the link, put in my details and it all worked perfectly showed my last i94 as well as my whole travel history.

 

If they have not yet filed for extension and they are past the date to leave by on the i94 then there visa has automatically been cancelled and they won't be coming back to the US any time soon as they have to apply for a new visa and with an overstay that's highly unlikely to be granted.

 

Really confused why you are wasting so much time calling CBP when everything is online.

[SusieQQQ 11,586]

6 hours ago, SusieQQQ said:

who came here last November 27 on a B-2 visa

So they’re 6 weeks overstay already and as nothing has been filed for them this all counts as unlawful presence. Poster above is correct, their visa has been voided. You can try filing a late i539 but not sure if they will give so much leeway for late filing. Especially as there have been repatriation flights to Philippines https://www.businesstraveller.com/business-travel/2020/04/29/philippine-airlines-to-fly-additional-repatriation-flights-from-los-angeles-new-york/

Oh dear, your only hope is going to be to hope someone gives them a lot of leeway because of Covid, normally this is just a bad situation. Feel sorry for them at that age to be going through this.

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date.html

It is important to note that there are circumstances which can serve to void or cancel the period of visa validity. If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will automatically void or cancel unless;

- You have filed an application in a timely manner for an extension of stay or a change of status;

- That application is pending and not frivolous;

The more formal version is in the USCIS manual https://fam.state.gov/fam/09FAM/09FAM030201.html under the section 9 FAM 302.1-9  .

 

 

[SalishSea 17,819]

7 hours ago, teddyking1958 said:

I've already tried that link too no response, I can't file for the extension without the I -94 so yes they're in overstay I've been on the phone with USCIS and they said that they were hearing the same thing about the i-94 but they also said that when and if I get it I can file even though it's late,, I'm going to try to call CBP tomorrow morning tired of getting the run-around

You could have printed out the I-94 though....   unfortunate, as their B visas are now cancelled with a possible bar to future entry to the US.

[teddyking1958 4]

5 hours ago, Mystery 2020 said:

What do you mean 'no response'? I just tried the link, put in my details and it all worked perfectly showed my last i94 as well as my whole travel history.

 

If they have not yet filed for extension and they are past the date to leave by on the i94 then there visa has automatically been cancelled and they won't be coming back to the US any time soon as they have to apply for a new visa and with an overstay that's highly unlikely to be granted.

 

Really confused why you are wasting so much time calling CBP when everything is online.

 

[teddyking1958 4]

Because when I clicked on the link I entered all the information from their passport and the link says no record found so that's why I was confused and I called CBP, I'm going to be calling them today

[Boiler 45,472]

All moot now, they need to leave asap. 

[teddyking1958 4]

I finally got a hold of level 2 rep at CBP and guess what he found out that when I sent my in-laws passport information in to them some how it got listed as a LPR class which doesn't get an I-94 , so I'm waiting for the email with the correct I-94 so I can forward it on to USCIS for their extension what a relief

[Boiler 45,472]

Do let us know what they say.

[teddyking1958 4]

Hi everyone  good day to all, my father-in-law came here from the Philippines on November 22 2019 for a visit and  then coming hit so he got stuck here and now since that happened he had 2 heart attacks so he will  remain  here to get treatment,  but I was wondering will he have any problems  leaving when it's  safe to go home. My wife's  waiting on her citizenship interview to happen since she  applied for it last September then she will  change he's  status.

[SusieQQQ 11,586]

He won’t have problems leaving. He almost certainly will have problems coming back on a tourist visa. Won’t affect a parent immigrant visa if your wife wants to sponsor him for one.