I have been seeing lots of posts related to B2 extensions with parents stuck in USA due to COVID environment. I am facing similar challenge and would like to have some clarity on the below.
Situation: My parents are in the US and they were scheduled to return to India by 10 June 2020. Due to COVID, we filed for an extension and requested for an extension till 12th Dec 2020. The extension was filed on 8th May 2020, with the decision still pending with USCIS. Given the current COVID situation, and due to loss of immediate family members to COVID back home, I was exploring options to extend my parents stay beyond requested date of 12th Dec 2020. I need some help/guidance to proceed further.
Once an extension is filed, how long can one stay in the US? Is it till the approval is received, Or till the time we requested for an extension, Or do we have a max out period till when one can stay?
If answer for #1 - is till the requested date in extension, is there an option to extend their stay by filing for one more extension? If so, what are the key considerations for filing an extension.
The requested by date is considered the last date. So, you should apply an extension again before your ‘requested end date’ on current pending extension.
We have requested for extension till 06/30/2021. We have received for biometrics notice on july 02, 2021.
Should we apply for one more extension now since the first extension day passed?
You should have applied for another extension before current one’s requested end date expiry.
Legally, if the current pending application is approved, it will only be approved until June 30 and then you will have a gap if you apply now.
Its better to the leave the US now rather than filing a new extension as per my opinion.
If you don’t want to leave, you should have good argument to prove why you did not apply again within time. You will need to request NPT approval from back date.
Thank you for your prompt reply. Can you please suggest what can I mention as special case where I missed the extension. For instance my mom is with my sister who is pregnant and they were going through few things because of which we missed this. Can we use this as a reason. Or can you please suggest any situation?
I have called USCIS and they mentioned I can apply again now even though 06/30/21 passed, they also confirmed that this will not be a problem as my application is pending.