How to Change Visa to Allow Re-Entry (from returning to US after vacation in Italy)

[D & M 0]

Hello,

I wish to take my mother-in-law (and my wife) from the US to Italy. I am USC, my wife is permanent resident, and mother-in-law is visiting the US for the first time. She has a B-1 or B-2 visa (tourist visa). She will be coming here in less than a month to stay with us until her visa expires June 1. She didn't say anything to the interviewers about requesting reentry into the US if we went on a trip out of the US.

When she gets here, should we see about getting that changed along with the form we are going to send in to (hopefully) extend her visa?

Two questions:

-is that the proper way to get her the ability to be re-admitted to the US if we go for a week to Italy?

-how long do they usually extend visas if we fill out those forms and pay them the $290?

Thanks!!

[Darnell 8,478]

are you certain her visa is NOT multi-entry? ask for a scan of it to be emailed to you.

[Boiler 43,430]

I was wondering the same.

Also you do not extend a visa you apply for another one. And by definition a visa is something you apply for when outside the US.

[D & M 0]

I was wondering the same.

Also you do not extend a visa you apply for another one. And by definition a visa is something you apply for when outside the US.

No, it's definitely an extension of the visa:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=9cf75869c9326210VgnVCM100000082ca60aRCRD

Also she can't scan the visa....but she did tell me it was not multi-entry. Does anyone know how I can get that changed to multi-entry?

Sorry for the urgency, but she will be arriving in less than a month.

[Boiler 43,430]

No, it's definitely an extension of the visa:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=9cf75869c9326210VgnVCM100000082ca60aRCRD

Definitely not, that link is for extending status.

I got to ask, why is she looking at extending here status when she has not even entered and does not know how long she will be allowed to stay?

Also she can't scan the visa....but she did tell me it was not multi-entry. Does anyone know how I can get that changed to multi-entry?

The Consulate that originally gave her the visa.

[JimVaPhuong 4,863]

No, it's definitely an extension of the visa:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=9cf75869c9326210VgnVCM100000082ca60aRCRD

Also she can't scan the visa....but she did tell me it was not multi-entry. Does anyone know how I can get that changed to multi-entry?

Sorry for the urgency, but she will be arriving in less than a month.

No, it's definitely not an extension of the visa.

You're confusing two different things here. The visa allows her to enter the US. That's all. She'll be granted a period of authorized stay when she enters. The I-94 she fills out will be stamped by CBP with the entry date and length of authorized stay. The class of entry will also be written on the I-94 (e.g., B2 in this case). How long she can stay in the US is determined by the dates stamped on the I-94 - not by the validity of her visa. Most B2 visas are valid for 10 years, but CBP never grants 10 years of authorized stay to someone with a B2. The statutory maximum is 1 year, and six months is the most common. Your MIL was apparently given a much shorter duration B2. The consular officer has the discretion to do this if they are suspicious. The other option would have been for them to deny the visa altogether.

The I-539 is for requesting an extension of the period of authorized stay, or for requesting a change to a different non-immigrant status. It's not for extending the validity of the visa. There is also no need to extend the validity of a visa while the alien is in the US because the visa is used for entering only. As explained above, the visa doesn't determine the length of stay. Once outside the US, an alien would have to go to a US consulate if their visa is expired. Consulates don't usually extend a B2 visa. They just issue a new visa with a new expiration date.

If the consulate issued a single entry B2 then they probably weren't satisfied that she has sufficient ties to her home country, and suspected she might try to immigrate if allowed to enter the US. They decided to give her a chance and allow her to enter one time. It's highly unlikely she could go back to the consulate now and have the visa changed to a multiple entry visa. The consulate has already basically said "no" to what she's wanting to do.

[D & M 0]

You guys are awesome. That could have been a mess if I depended on my misinformation.

She was actually granted a 6-month visa, but couldn't come here until about 2 months before it expired.

The visa interview was very easy; she is basically a prime candidate for a visa with many ties to Chile.

So do you know what her best option is in this case? We want her to stay through the summer at least until August. Additionally we would love to take her to Italy during her stay.

[Boiler 43,430]

You guys are awesome. That could have been a mess if I depended on my misinformation.

She was actually granted a 6-month visa, but couldn't come here until about 2 months before it expired.

The visa interview was very easy; she is basically a prime candidate for a visa with many ties to Chile.

So do you know what her best option is in this case? We want her to stay through the summer at least until August. Additionally we would love to take her to Italy during her stay.

Visit US

Visit Italy

Go home from Italy.

See if you get a multi entry visa next time.

[D & M 0]

Visit US

Visit Italy

Go home from Italy.

See if you get a multi entry visa next time.

But there really aren't any ways to change it to a multi-entry visa, as well as to making the visa longer?

[Boiler 43,430]

Read Jim's post, he covered this.

[Jojo92122 1,924]

Remember to look to see if your MIL will need a visa to enter Italy.

[D & M 0]

Read Jim's post, he covered this.

http://www.uscis.gov/USCIS/Resources/C1en.pdf

Upon further reading and discussion with someone who extended her own stay for 6 additional months on a B-2 visa I see that I am right in my initial observation. My mother in law can indeed extend her B-2 stay by filling out the form I-539.

This brings me back to my original question, to which I will hopefully get an answer when I call the USCIS customer service number tomorrow: can I get the visa changed, upon extension of the visa, to a multi-entry visa?

Wish me luck!

[Boiler 43,430]

Ohh dear

That form allows her to seek an extension.

If she has a good enough reason.

Consulate issues visas.

I am slightly intrigued as to what the misinformation line will come up with.

[D & M 0]

From http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=cab23e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=cab23e4d77d73210VgnVCM100000082ca60aRCRD

Extend Your Stay

If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.

[D & M 0]

Remember to look to see if your MIL will need a visa to enter Italy.

Thanks, JoJo. It appears that neither Chilean citizens nor US citizens need a visa to enter Italy if we stay for less than 30 days.