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  #1 (permalink)  
Old 04-07-2008, 03:18 PM
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Default Extension applied for B2 Visa. Receipt notice from USCIS. What next?

Folks,

My mother-in-law applied for a B2 Visa and she was granted a 10 year/Multiple entry visa. At the POE, IO gave a 6months stay on her I-94 form. So far so good!

We wanted to extend her B2 for another two months so that we can go around a bit during Summer months. We applied for an extension ( I-539 Application to extend Non-immigration status) and we received an acknowledgement from VSC.

The question is, VSC is processing I-539 for August 07 and I dont think we would be getting her approval before her I-94 expires at the end of this month.

Some folks might have gone thru this situation before. Based on your experiences, can you pls. let me know what are the possible options here?

Rgds,
gcisadawg
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  #2 (permalink)  
Old 04-07-2008, 03:35 PM
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gcisadawg,
I am unable to answer your question since I do not know, anyway I am also planning to invite my mother-in-law, what are documents required for B-2 visa? Do I need to send original birth certificate? Thanks
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  #3 (permalink)  
Old 04-07-2008, 03:45 PM
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Default

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Originally Posted by gcisadawg View Post
Folks,

My mother-in-law applied for a B2 Visa and she was granted a 10 year/Multiple entry visa. At the POE, IO gave a 6months stay on her I-94 form. So far so good!

We wanted to extend her B2 for another two months so that we can go around a bit during Summer months. We applied for an extension ( I-539 Application to extend Non-immigration status) and we received an acknowledgement from VSC.

The question is, VSC is processing I-539 for August 07 and I dont think we would be getting her approval before her I-94 expires at the end of this month.

Some folks might have gone thru this situation before. Based on your experiences, can you pls. let me know what are the possible options here?

Rgds,
gcisadawg
Keep the receipt in hand. She can leave when she is ready to leave. If VSC responds or has an RFE after her departure, you can respond to that RFE and also provide proof that she has left the country already.

But, the fact is, USCIS does not take it kindly when people on B2 Visa extends beyond the 6 months. She may have trouble coming back a second time. Please be advised of this.
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  #4 (permalink)  
Old 04-07-2008, 03:55 PM
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thanks gcisadawg,
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  #5 (permalink)  
Old 04-07-2008, 04:41 PM
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Default Thanks!

jnraajan,

Thanks for your reply! We surely dont want to jeopardize the ability of her to visit us again! We may have to stick to the original expiry date then!

Would taking an Infopass appointment help?

Other Folks,

Pls. let me know if there are other feedback.

rgds,
gcisadawg
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  #6 (permalink)  
Old 04-07-2008, 05:14 PM
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Thumbs up Don't worry Next time also nobody can stop them

I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.

Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.
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  #7 (permalink)  
Old 04-07-2008, 06:06 PM
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Default Thanks!

sam_gc,

Thanks for the response! Fear and hope compete against each other in this dilemma! Seems like the decision rests with the IO whenever she enters next time.

There is a provision for extending B2 visa. If they dont allow, they wouldnt have it in the first place. I understand getting Immigration benefit is a privilege and not a right! The question is how to balance our needs without overreaching it!

Rgds,
gcisadawg
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  #8 (permalink)  
Old 04-07-2008, 06:08 PM
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Default Quick question

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Originally Posted by sam_gc View Post
I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.

A quick question. Did you extend after the initial 6 month period? I had a friend who extended the original 3 months and received another 3 months.

rgds,
g
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  #9 (permalink)  
Old 04-07-2008, 06:15 PM
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Default USCIS needs a compelling reason.

Quote:
Originally Posted by sam_gc View Post
I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.

Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.

From my understanding, you need to give USCIS a compelling reason (medical reasons etc.) for extending your stay on Visitor visa. If not, there is a good chance for the officer at POE to limit stay to a very short period on the next visit.
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  #10 (permalink)  
Old 04-07-2008, 06:22 PM
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Quote:
Originally Posted by sam_gc View Post
I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.

Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.
I think in your case you have been lucky and may have given complelling reason, but otherwise the odds are that the next time around entry may be refused or a shortened stay. I have seen from numerous cases, 7 out of 10 cases were rejected or shortened stay. As one of the posters put it , it is at the discretion of IO at POE next time you visit. This is high risk when u put the things into perspective in longer run
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  #11 (permalink)  
Old 04-07-2008, 06:28 PM
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Originally Posted by gcisadawg View Post
sam_gc,

Thanks for the response! Fear and hope compete against each other in this dilemma! Seems like the decision rests with the IO whenever she enters next time.

There is a provision for extending B2 visa. If they dont allow, they wouldnt have it in the first place. I understand getting Immigration benefit is a privilege and not a right! The question is how to balance our needs without overreaching it!

Rgds,
gcisadawg
There is a provision but need complelling reasons for extension of stay over six months at a strech on B2. The odds are high that they may have trouble getting a six month stay the next time around.What happened in a rare case with other should not be taken as precendence.It depends from situation to sitatuon and is at discretion of IO at POE.
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  #12 (permalink)  
Old 04-07-2008, 06:50 PM
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When we applied for B2 extension for my parents-in-laws (for their second visit - not the first one), we did not have a decision until few days before expiry of their original I-94. I called the USCIS (it was INS or CIS at that time) and the customer rep told me that while a visa extension application is pending, their stay is authorized by the attorney general and their presence in the USA is not unlawful. If the application was denied, they would need to leave USA immediately to avoid accruing unlawful presence. The extension got approved eventually and they left the country before expiry of new I-94. Since then, they visited us three more times and we extended their stay one more time.

However, please note that we had a very compelling reason, my son, their grandson was in critical condition undergoing a complex surgery both times their extensions were requested.
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  #13 (permalink)  
Old 04-07-2008, 07:52 PM
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Default Thanks!

Folks,

Thanks for taking time to answer my question. Seems the risk is greater than the reward. We would just ask her to travel on her original scheduled date!

Regards,
gcisadawg
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