Options for B1/B2 extension. Mom of US citizen.

[obrakeo 15]

We've ran into an issue due to ignorance of visitors visas.   My MIL came to visit in order to see her grand-daughter born. She had been in the US for 5 months at the front of the year, and we brought her back early for a due date of Dec with the idea of having here just in case anything happens to cause an early delivery.

 

Wasn't aware of the limit of time within a calendar year and assumed as long as she spent time back at home it wouldn't be an issue.... And we were obviously wrong.  CBP hassled her at the airport and has limited her stay to 2 months.  We're considering a few things.

 

1. Head home now and come back closer to the due date
2. Extend her stay via USCIS, not clear the process for this, but we understand that this should be an option?
3. See if we can convince her mom to go the green card route and do AOS.

 

Any advice?

 

Edited August 30 by obrakeo

[Crazy Cat 41,808]

 

EDIT after re-reading the original post:

1. Not a good option, imo.  She is on their radar.

2. I would advise against #2 completely.  If the extension is denied or the answer is received late(which happens frequently), she will likely overstay, resulting in an immediate voiding of her B2.  If she overstays for 6 months, she will face a ban.

3.  Doesn't sound like she came prepared to live in the US.

 

I would go home, without overstaying, and come back next year.

 

 

 

Edited August 30 by Crazy Cat

[obrakeo 15]

We only planned for 5-6 months initially and her flights reflect that, so we wouldn't be in danger of overstay, or do you mean over 6 months within a calendar year?

 

For the third option, we're relatively confident we could manage her here comfortably during the AOS process and would only face the convincing part.  Would that AOS be difficult to get through USCIS?

Edited August 30 by obrakeo

[SalishSea 17,801]

26 minutes ago, obrakeo said:

We've ran into an issue due to ignorance of visitors visas.   My MIL came to visit in order to see her grand-daughter born. She had been in the US for 5 months at the front of the year, and we brought her back early for a due date of Dec with the idea of having here just in case anything happens to cause an early delivery.

 

Wasn't aware of the limit of time within a calendar year and assumed as long as she spent time back at home it wouldn't be an issue.... And we were obviously wrong.  CBP hassled her at the airport and has limited her stay to 2 months.  We're considering a few things.

 

1. Head home now and come back closer to the due date
2. Extend her stay via USCIS, not clear the process for this, but we understand that this should be an option?
3. See if we can convince her mom to go the green card route and do AOS.

 

Any advice?

 

You won’t get an extension- USCIS doesn’t admit people at the border, CBP does.   No one is “owed” a 6 month visit.

 

This is bordering on abuse of B-2 and you risk losing the privilege.

[Crazy Cat 41,808]

5 minutes ago, obrakeo said:

or do you mean over 6 months within a calendar year?

By "Overstay", I'm talking about staying beyond what CBP authorized.... 2 months

Edited August 30 by Crazy Cat

[Crazy Cat 41,808]

8 minutes ago, obrakeo said:

Would that AOS be difficult to get through USCIS?

She would not be able to leave the US or work for, possibly, up to 6 months or so....if you paid for her work permit and advance parole document.  Otherwise, she would not be able to leave the US until she received a Green card....maybe a year.

I assume your spouse is a US citizen.

Edited August 30 by Crazy Cat

[Crazy Cat 41,808]

Unless she is ready to actually live in the US full time, I would go home , then return in a year.

Edited August 30 by Crazy Cat

[obrakeo 15]

She's retired and wouldn't need to work.  I think we can convince her GC is the way to go. I'm mostly looking for issues we might face moving forward with that process.

[powerpuff 6,677]

5 minutes ago, obrakeo said:

She's retired and wouldn't need to work.  I think we can convince her GC is the way to go. I'm mostly looking for issues we might face moving forward with that process.

One big consideration would be the potential extreme high cost for health insurance for her. I linked a thread for informational purposes:

 

[obrakeo 15]

4 minutes ago, powerpuff said:

One big consideration would be the potential extreme high cost for health insurance for her. I linked a thread for informational purposes:

 

Thanks for the info.  We've purchased travelers insurance for her on her previous stays so we're aware of those expenses. I think with her only grand kids here, she'll likely be ok with spending more time here than back in her home country, but it sounds like we'll face the reverse problem if we do move forward. i.e. can't spend too much time in Vietnam.

 

[Crazy Cat 41,808]

18 minutes ago, obrakeo said:

She's retired and wouldn't need to work.  I think we can convince her GC is the way to go. I'm mostly looking for issues we might face moving forward with that process.

The biggest issues, imo, will be as I explained.....she can't leave the US for an extended time.....and she will be expected to live in the US.  The process, itself is fairly straight-forward....but costly.  As @powerpuff explained, health insurance is always something to consider as MIL won't be eligible for Medicare for 5 years after becoming a legal resident (if 65 years old or older).

Edited August 30 by Crazy Cat

[powerpuff 6,677]

1 minute ago, obrakeo said:

Thanks for the info.  We've purchased travelers insurance for her on her previous stays so we're aware of those expenses. I think with her only grand kids here, she'll likely be ok with spending more time here than back in her home country, but it sounds like we'll face the reverse problem if we do move forward. i.e. can't spend too much time in Vietnam.

 

Just an FYI that traveler’s insurance do not cover permanent residents. They cover medical expenses for a traveler (i.e. visitor) which she would no longer be.

[Lil bear 4,181]

3 minutes ago, obrakeo said:

Thanks for the info.  We've purchased travelers insurance for her on her previous stays so we're aware of those expenses. I think with her only grand kids here, she'll likely be ok with spending more time here than back in her home country, but it sounds like we'll face the reverse problem if we do move forward. i.e. can't spend too much time in Vietnam.

 

Travel insurance will not cover someone who is adjusting status. You’re looking at ACA insurance and monthly rates and deductible can be very high

[DELTAFOXTROT 48]

44 minutes ago, Lil bear said:

Travel insurance will not cover someone who is adjusting status. You’re looking at ACA insurance and monthly rates and deductible can be very high

ACA is based upon income in the past and projected income for the year, and since she is retired she should have very low cost insurance on ACA.  

 

They offer some great plans via ACA.

[NorthByNorthwest 346]

8 minutes ago, DELTAFOXTROT said:

ACA is based upon income in the past and projected income for the year, and since she is retired she should have very low cost insurance on ACA.  

 

They offer some great plans via ACA.

 

Unless MIL lives by herself it would typically be the household income that determines premiums and/or eligibility for state programs, especially if she's listed as a tax dependent.