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Regarding extension of B2 visa?
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Regarding extension of B2 visa?

My mother has 10 year multiple entry visa. she stayed in us for 6 months till nov 16,08. then went back to India. She returned to USA on jan 2,09. She was granted 6 months stay . Is it possible to apply for visa extension for another 5 months. Please let me know if anyone had such an experience


    




egay
Yes, she can apply for an extension for the second round. The thing is, she has to exit on the fifth month or before the second round of visit expires.

From experience, the USCIS response/approval will come seven months after. (Mind you, this was a long time ago so things might be faster now).This does not matter though. They would have expected her to have gone home by then so you will in fact, be the one receiving the letter from the USCIS.

Extend only if it is very important. As a tourist visa holder, she has to take care that she does not over stay even just for a day. This was the advise of lawyers to me otherwise she can be facing the 3-10 years ban for over staying.

Also, coming into the country multiple times a year as a tourist is, most often, frowned upon at the port of entry. The reason the lawyer gave to me is because, even the richest people in my country have to stay and work to make a living.


Yak Rider
Rating
Yes, she can apply for an extension but she must do so ASAP. If the current stay ends before she gets an answer she could be considered an overstay if the extensioin is denied. If she becomes an overstay, by just 1 day, she faces the loss of her B-2 visa.

To be honest, her chances of approval on the extension are low. It's going to look as if she's attempting to live in the USA on a tourist visa. She came in May of 08 and stayed 6 months. She came back in Jan 09 and is asking for a total of 11 months. That's 17 months in a 19 month period on a B-2 visa.

She needs to file an I-539 with USCIS and do so ASAP.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD





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