B2 visa extension for mom - Urgent

USA B1/B2 visa
1

Hello,

My Mom came to US in Feb 2020 with her return ticket for 25.June.2020. Her i94 expires in july 2020. Currently India has restricted its air space for international flights. And there is no official news of when they are going to allow international flights.

Also with this COVID-19 situation I am very scared for my mom to travel to India. She stays in one of the worst hit city in India.

I am planning to apply for her B2 visa extension (i-539 application) online.

Have few queries regarding it.

  1. Is there a format of supporting explanation letter which I can use for her application ?

  2. How do I show that she is financially independent ? She has her savings in India and files IT return every year. But nothing of this sort in USA.

  3. Do I need to submit her current return ticket (25.june.2020) aong with the application ?

  4. I have heard that it might take more than 6 months for USCIS to adjudicate her application. What happens if she travels back before a decision is made but after expiry of her current i-94 (july 2020) ?

  5. What happens if she travel back before decision is made and afterwards her application of extension is denied ? Would she had overstayed (after i94 expiry till her departure) ?

  6. Would she face any issues for her travel to US in the future ?

It would be very helpful if you could share your thoughts on these.

Rgrds,
Sanjeev R.

2

Here is the sample letter for B2 extension for special situation like Coronavirus:

You can file extension online if she is alone and you are filing only one form i539.

She can leave US even if extension is pending. No issues. Her stay in US will be counted as legal.

She can travel within US as long as she has the valid receipt copy for extension.

1 Like
3

Hello :wave:

My in-law are aged above 60 years old both of them and are staying in states.
We have filed extension of their visa B2 and waiting for the result , they might get for another 6 months which ends by this August and I’m stuck in India can’t travel from the city I’m in this covid scenario.

Having said that we don’t want them also to travel to India and end up in a bad scenario with their health and condition has anyone taken extension of B2 more than an year ! During this covid scenario

Kindly help would be much appreciated

4

Hi Ad_Malini

I am in a similar situation wherein my parents are here with us and we requested for their I94 to be extended until mid Nov but would like to extend it further. Did you apply for another I539 extension for your in-laws? Did it get accepted?

Thanks
Shreeya

5

Any updates @ishreena @sanjeevr @Ad_Malini I am in the same situation. Did you apply for a second extension? And did you guys get a response from uscis?

6

Hi there,

I helped my 70-years old mom to apply for I-539 with her B2 visa in May. (Filed on time)

I-94 expired date: 6/21/20

Forgot when was the Bio appointment, but the end of Sept.

The I-539 case then got approved on 10/7/2020 but only got 3 months of extension with the expiration date on [9/20/2020]

Since it still seems unsafe to travel, and she is in the high-risk group to the COVID 19.

Now my concern is can we apply for the second extension? I was browsing around the forum but can’t really find an exact answer to this question.

The second concern is, is she going to have some legal issues? since the case is approved and expired already.

Any help is greatly appreciated!!

7

You should have applied another B2 extension before the expiry of current approval.

Now, the chances are high an extension may not be approved. But, you should file it anyway if your mom is planning to stay in the US.

8

Hi Anil,
We applied a B2 extension for my mom in March 2020 and we got notification on Oct 28 that it got approved until Sept 24 2020. We did not apply for another extension yet. Can I apply today Oct 29 2020?

Note: The British Airways we booked originally (with return ticket) is still not operating.

TIA!

9

Hi @leo_vinod : Did you apply for extension for your mom, we were iin the same boat, and i got approval till 11/07 that we recieved today, and my mom flight is on 11/25. Did you mom travelled back with out an issue

10

Hi @padmini_kishore

Traveling out of US is not an issue but if you didn’t apply for an extension for period after 11/7, then this time will be counted as unlawful presence.

The person will be required to mention it on all future visa applications and answer truthfully if asked at any port of entry in the US in future.

11

Hi,

My mom entered united states in July 2020, her I-94 expiry date was in Jan 2021. In november 2020 We have requested to extend her stay and received biometrics appointment today. We are planning to go for biometrics appointment and also planning to extend her stay for 6 more months. Can we do this? Is it legal or will this create any issues in the future.

If yes what is the process. Should we re-apply for form I-539? Kindly help.

Thank you.