B2 Extension - Hope or No Hope?

[fionamclain 0]

Hi, I'm hoping for some input.

 

I am a US citizen, and my wife is currently an LPR. My wife's mom is currently here with us in the US on a B1/B2 visitor visa.

She entered the US on July 1st 2021, and her visa expires I believe December 31st 2021. We put in an extension request on Oct 4th 2021, and she had her biometrics appointment on November 3rd 2021. 

 

We are trying to extend her visa because she is from New Zealand, and we're worried she won't be able to get back into her country in time. This is because you can't just book a flight and return to NZ. You have to first have a spot secured in a government managed isolation hotel, but in order to secure a spot you are put through a lottery system. This means that there is literally no way of knowing if she can get back to her home country in time, if at all.

 

So far from what I can tell, extension requests are useless. They either are denied or they take way too long to come through. So, my question is, do we abandon that plan entirely and try and instead plan to get her to another country entirely when her US visa expires? Are there any other options at our disposal that we can try? Has anyone else been in a similar situation?

 

This whole process is so frustrating, because there's no way of making anyone care that there are things out of our control. My mother-in-law can't just hop between countries while she hopes to be let back into her own country!

[Boiler 45,907]

What was her plan when she left NZ on 1st July?

[igoyougoduke 1,674]

34 minutes ago, fionamclain said:

Hi, I'm hoping for some input.

 

I am a US citizen, and my wife is currently an LPR. My wife's mom is currently here with us in the US on a B1/B2 visitor visa.

She entered the US on July 1st 2021, and her visa expires I believe December 31st 2021. We put in an extension request on Oct 4th 2021, and she had her biometrics appointment on November 3rd 2021. 

 

We are trying to extend her visa because she is from New Zealand, and we're worried she won't be able to get back into her country in time. This is because you can't just book a flight and return to NZ. You have to first have a spot secured in a government managed isolation hotel, but in order to secure a spot you are put through a lottery system. This means that there is literally no way of knowing if she can get back to her home country in time, if at all.

 

So far from what I can tell, extension requests are useless. They either are denied or they take way too long to come through. So, my question is, do we abandon that plan entirely and try and instead plan to get her to another country entirely when her US visa expires? Are there any other options at our disposal that we can try? Has anyone else been in a similar situation?

 

This whole process is so frustrating, because there's no way of making anyone care that there are things out of our control. My mother-in-law can't just hop between countries while she hopes to be let back into her own country!

its a toss up. who knows what adjudicators are doing ? what evidence did you support her extension. if you have strong evidence i dont see a reason not getting approved.

[SteveInBostonI130 3,477]

30 minutes ago, fionamclain said:

 

We are trying to extend her visa because she is from New Zealand, and we're worried she won't be able to get back into her country in time. This is because you can't just book a flight and return to NZ. You have to first have a spot secured in a government managed isolation hotel, but in order to secure a spot you are put through a lottery system. This means that there is literally no way of knowing if she can get back to her home country in time, if at all.

 

So far from what I can tell, extension requests are useless. They either are denied or they take way too long to come through. So, my question is, do we abandon that plan entirely and try and instead plan to get her to another country entirely when her US visa expires? Are there any other options at our disposal that we can try? Has anyone else been in a similar situation?

 

This whole process is so frustrating, because there's no way of making anyone care that there are things out of our control. My mother-in-law can't just hop between countries while she hopes to be let back into her own country!

 

Not really true.

 

I believe NZ implemented the managed isolation system in October, 2020.   It is not something new.  Also, on Nov 14 NZ will reduce the quarantine from 14 days to 7 days, which should open up more rooms for the managed isolation.

 

1. Did your MIL sign up with Safetravel?  https://register.safetravel.govt.nz/login

2. Did your MIL sign up with the managed isolation system?  https://allocation.miq.govt.nz/portal/

 

I believe it is an allocation system based on first come-first serve when they release the number of rooms every period.  It's not really a lottery system.  Once she signs up they should notify her when the next round of rooms will be released to secure a spot.

 

Quote

During the room release

Do not close your browser. This increases the risk of something going wrong.

You will not be able access your MIAS account or the flight checker until you get to the front of the queue and gain access to the website. You will be able to access the flight checker on the MIQ website.

 

Flights into New Zealand

 

If you get to the front of the queue and gain access to the website, you will be able to access both of these then. 

If you get access to the website, make sure your registration is complete. You will not be able to secure a date if this step has not been completed. You can complete this step if you get access to the website, and then proceed to secure a date.

If you get access to the website and secure a date, come back after the room release has finished to add your flight details. You have 48 hours to confirm your flight details in the system. You will be able to access the website again shortly after the room release has finished.

 

[fionamclain 0]

5 minutes ago, SteveInBostonI130 said:

 

Not really true.

 

I believe NZ implemented the managed isolation system in October, 2020.   It is not something new.  Also, on Nov 14 NZ will reduce the quarantine from 14 days to 7 days, which should open up more rooms for the managed isolation.

 

1. Did your MIL sign up with Safetravel?  https://register.safetravel.govt.nz/login

2. Did your MIL sign up with the managed isolation system?  https://allocation.miq.govt.nz/portal/

 

I believe it is an allocation system based on first come-first serve when they release the number of rooms every period.  It's not really a lottery system.  Once she signs up they should notify her when the next round of rooms will be released to secure a spot.

 

 

TLDR: We are trying to secure my MIL a spot to get back into NZ before her visa expires. But if we can't do that, we need a Plan B. I'm trying to figure out if she has any options that don't involve bouncing between countries until she gets lucky enough to make it back to NZ.

 

I didn't say it was a new system, we were entirely aware of it. They have been adjusting how the system works though.

 

You don't have to explain it to me, my MIL actually is extremely involved in the system, the process, and groups around MIQ. She's been through MIQ before already at the start of the pandemic when borders were slamming closed, and yes she's signed up with everything you listed.

 

They've changed it to be a lottery system now, it's not first come first serve anymore. So what this means is NZ will periodically release rooms to book. You have to join a lobby when the room release is, then you are randomly sorted into a queue. The only way to secure a room is if you are lucky enough to end up near the front of the queue, your turn comes up, and your date is still available. If you happen to be number 7,000 in line, and there are only 3,000 rooms available (like has happened for my MIL every room release), then you're not going to get a spot. So unless she hits the lottery, all of the rooms will end up being booked through the end of the year, and she won't be able to secure a spot to return to NZ before her visa expires at the end of the year.

 

There are people who are trapped outside of NZ who cannot get back in because it is now a lottery system. Some of those people are desperately trying to get back because of expiring visas, urgent surgeries needed, loved ones in NZ dying, etc. Even those people who have really serious reasons to get back into NZ ASAP, and are petitioning for emergency allocation to return still get denied. 

[SteveInBostonI130 3,477]

Unfortunately things have slowed way down at USCIS for extensions.  The ones that do get approved seem to be approved at the last minute - that is, at the 6 month extension.   

 

If I recall correctly, you MIL would be in a period of authorized stay while the extension request is being processed.  She will not accrue unlawful presence while it is in process.  However, if the extension is denied, the unlawful presence will count from the expiration date of the I-94.

 

Best bet is to keep trying to get the MIQ voucher before the I-94 expires.  If you apply for the extension, she may have some extra time to book the return to NZ while the application is being processed.

[fionamclain 0]

2 hours ago, SteveInBostonI130 said:

Unfortunately things have slowed way down at USCIS for extensions.  The ones that do get approved seem to be approved at the last minute - that is, at the 6 month extension.   

 

If I recall correctly, you MIL would be in a period of authorized stay while the extension request is being processed.  She will not accrue unlawful presence while it is in process.  However, if the extension is denied, the unlawful presence will count from the expiration date of the I-94.

 

Best bet is to keep trying to get the MIQ voucher before the I-94 expires.  If you apply for the extension, she may have some extra time to book the return to NZ while the application is being processed.

Yeahhh, the problem is that if the extension were denied she'd be overstaying her visa and it would affect her ability to get future visas. 

 

So the plan is to get her out of the country before her current visa expires, but she might not have been able to get a spot to return to NZ. So the question is, what kind of options does she have? Is there any way she can legally stay in the US even if the extension is denied?  

[Boiler 45,907]

Nope

[Verrou 1,962]

14 hours ago, fionamclain said:

the question is, what kind of options does she have? Is there any way she can legally stay in the US even if the extension is denied?  

no legal way to stay in US if extension is denied

[SalishSea 18,072]

20 hours ago, fionamclain said:

Hi, I'm hoping for some input.

 

I am a US citizen, and my wife is currently an LPR. My wife's mom is currently here with us in the US on a B1/B2 visitor visa.

She entered the US on July 1st 2021, and her visa expires I believe December 31st 2021. We put in an extension request on Oct 4th 2021, and she had her biometrics appointment on November 3rd 2021. 

 

We are trying to extend her visa because she is from New Zealand, and we're worried she won't be able to get back into her country in time. This is because you can't just book a flight and return to NZ. You have to first have a spot secured in a government managed isolation hotel, but in order to secure a spot you are put through a lottery system. This means that there is literally no way of knowing if she can get back to her home country in time, if at all.

 

So far from what I can tell, extension requests are useless. They either are denied or they take way too long to come through. So, my question is, do we abandon that plan entirely and try and instead plan to get her to another country entirely when her US visa expires? Are there any other options at our disposal that we can try? Has anyone else been in a similar situation?

 

This whole process is so frustrating, because there's no way of making anyone care that there are things out of our control. My mother-in-law can't just hop between countries while she hopes to be let back into her own country!

If she travelled here in July, the quarantine requirements were already well in place by then.   What was your plan for her return at that time?

[SalishSea 18,072]

16 hours ago, fionamclain said:

Yeahhh, the problem is that if the extension were denied she'd be overstaying her visa and it would affect her ability to get future visas. 

 

So the plan is to get her out of the country before her current visa expires, but she might not have been able to get a spot to return to NZ. So the question is, what kind of options does she have? Is there any way she can legally stay in the US even if the extension is denied?  

All of this is precisely why my stepdaughters have not travelled  here during the pandemic, and my husband has not been home either.

 

It is unfortunate, but a risk you took with the choice for her to come here during NZ’s lockdown and quarantine.   

[African Zealot 1,455]

You knew all this before she left for the USA. I suggest she leave the USA on a visit to an affordable Caribbean country like Dominican Republic and chill there while the “lottery” plays out and she can return to New Zealand.

 

She has no way to adjust here and even one minute overstay if her extension is denied would mean her visa is automatically voided, plus she can’t use ESTA.

 

Not good.

 

 

[Timona 4,208]

20 hours ago, SteveInBostonI130 said:

Unfortunately things have slowed way down at USCIS for extensions.  The ones that do get approved seem to be approved at the last minute - that is, at the 6 month extension.   

 

If I recall correctly, you MIL would be in a period of authorized stay while the extension request is being processed.  She will not accrue unlawful presence while it is in process.  However, if the extension is denied, the unlawful presence will count from the expiration date of the I-94.

 

Best bet is to keep trying to get the MIQ voucher before the I-94 expires.  If you apply for the extension, she may have some extra time to book the return to NZ while the application is being processed.

 

Not sure how true this statement is.

[arken 4,197]

36 minutes ago, Timona said:

 

Not sure how true this statement is.

The statement is true as long as the extension gets approved like the poster mentioned.

 

For OP:

I guess if you had tried getting managed isolation quota since July for Nov-Dec flights you would have secured one by this time but may be you started very late securing it now that majority could have already been booked for these months.

 

Rite now, as said few choices:

 

1. Keep trying to get the quota. Depart by i94 expiry if successful.

2. Keep trying, go to a third country before i94 expiry till securing the flight.

3. stay past the i94 expiry, hope the extension gets approved on time (very unlikely)

4. Keep trying the flight, stay past the i94 expiry and leave US once flight secured while the extension is pending.

 

 

 

 

 

 

 

[Boiler 45,907]

Due to the delays as long as she has no plans in returning anytime soon there is no real downside applying for an extension.