Question on B2 stay extension

[Agent_MKD 14]

Hello all,

 

My wife's grandmother has a 10 year B2 Visa and had visited us previously in 2017 and 2021.

 

My wife and I have our 3rd child due later this year and her grandmother will be visiting us to help out with the new baby.

 

This will be her final visit to the U.S. and we would like to extend her stay an additional four months, so that she can help out and we can accompany her on her trip back home since we will be going on vacation there ourselves.

 

Let's say she stays the additional four months. Would we run into any issues upon her depature if we don't receive a response during her stay?

 

Also, does she need a return ticket upon her arrival to the US, or can that be booked after her arrival?

 

Any suggestions?

 

Thank you!

Edited September 1, 2023 by Agent_MKD

[JeanneAdil 6,498]

1st do not try to extend saying to "help with the new baby" 

she is not allowed to work on tourist visa

 

and yes,  if u apply to extend and she stays here waiting and it is denied ,  she will have an overstay

[Boiler 45,486]

Well the working bit is a no no, bit I will leave that aside, visiting a new Grandchild is certainly OK.

 

A B does not require a return ticket but would be recommended.

 

An extension, assuming things do not really change, will not be decided until well after she is home.

 

Big downside of an extension relates to future trips but not an issue here

[Boiler 45,486]

Hmm I see an edit and thought you said this would be her final trip.

[Agent_MKD 14]

4 minutes ago, Boiler said:

Hmm I see an edit and thought you said this would be her final trip.

 

Hi Boiler,

 

Yes this will be her final trip to the U.S.

 

The edit was to add the question about the requirement of a return ticket.

[Agent_MKD 14]

11 minutes ago, JeanneAdil said:

1st do not try to extend saying to "help with the new baby" 

she is not allowed to work on tourist visa

 

and yes,  if u apply to extend and she stays here waiting and it is denied ,  she will have an overstay

 

Understood. At 81, she's definitely not working, but I can see how it could be considered as such.

 

Thanks again!

[Mike E 11,739]

1 hour ago, Agent_MKD said:

My wife and I have our 3rd child due later this year and her grandmother will be visiting us to help out with the new baby.

High chance she will be denied entry since a B visa is wrong for this purpose. 

1 hour ago, Agent_MKD said:

 

This will be her final visit to the U.S. and we would like to extend her stay an additional four months, so that she can help out and we can accompany her on her trip back home since we will be going on vacation there ourselves.

USCIS stay extensions are ineffective

1 hour ago, Agent_MKD said:

 

Let's say she stays the additional four months. Would we run into any issues upon her depature if we don't receive a response during her stay?

Murphy’s Law says that on the day she leaves, CBP has set up exit controls for her flight or land port

1 hour ago, Agent_MKD said:

 

Also, does she need a return ticket upon her arrival to the US, or can that be booked after her arrival?

Surprisingly https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf does not say she needs a return / onward ticket. 
 

Check iatatravelcentre.com though

1 hour ago, Agent_MKD said:

 

Any suggestions?

 

1. Exit the U.S. to Canada or Mexico on day 120 of  I-94 authorized stay, and then attempt to re-enter. CBP can say yes or it can say no. If yes, ideally it is a 6 month I-94.

 

2. Low percentage yet legal: request a 10 month stay at the port of entry. https://fam.state.gov/FAM/09FAM/09FAM040202.html
 

Although “temporary” is not specifically defined by either statute or regulation, it generally signifies a limited period of stay.  The fact that the period of stay in a given case may exceed six months or a year is not in itself controlling, if you are satisfied that the intended stay has a time limitation and is not indefinite in nature.

 

[Boiler 45,486]

She had no problems entering before, I expect zero problems next time.

[OldUser 6,650]

31 minutes ago, Mike E said:

 

1. Exit the U.S. to Canada or Mexico on day 120 of  I-94 authorized stay, and then attempt to re-enter. CBP can say yes or it can say no. If yes, ideally it is a 6 month I-94.

 

2. Low percentage yet legal: request a 10 month stay at the port of entry. https://fam.state.gov/FAM/09FAM/09FAM040202.html
 

Although “temporary” is not specifically defined by either statute or regulation, it generally signifies a limited period of stay.  The fact that the period of stay in a given case may exceed six months or a year is not in itself controlling, if you are satisfied that the intended stay has a time limitation and is not indefinite in nature.

 

Personally, I think both of these options are high risk low reward. At the same time, I cannot suggest overstaying, that's not a right thing to do.

[Agent_MKD 14]

Thanks for all of your replies. Looks like she will have to return before her six months are up.

 

I appreciate the answers!

[Boiler 45,486]

1 minute ago, Agent_MKD said:

Thanks for all of your replies. Looks like she will have to return before her six months are up.

 

I appreciate the answers!

If this her last trip I see no downside going for an extension.

[OldUser 6,650]

1 minute ago, Agent_MKD said:

Thanks for all of your replies. Looks like she will have to return before her six months are up.

 

I appreciate the answers!

That would be ideal from immigration point of view. Extensions simply don't work. It takes over a year to decide on them.

Edited September 2, 2023 by OldUser

[Boiler 45,486]

7 minutes ago, OldUser said:

That would be ideal from immigration point of view. Extensions simply don't work. It takes over a year to decide on them.

That is the benefit in this case, long gone and will not be coming back.

[Cathi 5,748]

1 hour ago, Agent_MKD said:

 

Understood. At 81, she's definitely not working, but I can see how it could be considered as such.

 

Thanks again!

Coming here to help with your child care is considered work. 

[Dashinka 24,493]

I agree with @Boiler, if this is indeed her last trip, I see no downside with seeking an extension.