First Time Requestor – B2 Visa Extension

[Maleman 5]

My mother-in-law recently received her B2, 10 year multiple entry visa. She is currently in the states now, having had been allowed 180 day stay. I have studied many messages on the site and seem to get conflicting information regarding an extension of her 180 day stay. So, here are my questions and thoughts:

* If she files for an extension will it automatically terminate her B2 “M” Ten Year Multiple Entry Visa?

* I have also read blogs that indicate only an extreme emergency situation has to exist to extend, and then I have spoken with others that just simply requested the extension by merely requesting more time. Any inputs here would be appreciated.

Like most immigration practices here there does not seem to be a steady fixed rule or standard to follow or comprehend. It would seem that each person’s case could be evaluated differently, from CBP to CBP officer. My main concern and practice will be to ensure that my Mother-in-law follows all Federal Regulations and laws pertaining to the B2 requirements, and, all migration polices to the fullest extent. Thanking all of you in advance for volunteering your input and experience.

[JohnR! 5,495]

Her B2 visa will be cancelled the moment she applies for an extension, regardless of the outcome of the application. It doesn't mean she can't get another B2 visa but she will have to go through the entire consular process when she returns home. Also, if her application is denied she will need to leave the country on short notice.

Having said that, she doesn't need any special situation to justify her request. She can simply request it based on her wish to spend more time with her family, provided she shows evidence she has enough means to support herself during this additional period.

Good luck!

Edited April 29, 2015 by JohnR!

[Maleman 5]

Thank you so very much for your reply. I found the following information offered by an immigration attorney via his WEB site that relates to this situation. However again, it seems like a chance to extend in losing your 10 year multiple entry visa. The article is in imbedded with quotes.

"On March 3, 2000, USCIS Headquarters in Washington, D.C., released a Memorandum allowing visitors with pending extension requests to leave the U.S. without jeopardizing their existing visas, provided certain requirements are met. Thus, many visitors who are finding themselves "stuck" in the U.S. waiting for a decision on their extension, may leave the U.S., before USCIS' decision.

By way of background in 1996, the U.S. Congress passed a law, Section 222(g), which stated, in essence, that if an alien entered the U.S. on a non-immigrant visa (i.e. visitor's visa) and remained in the U.S. beyond the period of his authorized stay (the time listed on the I-94 by the USCIS Officer at the airport), his existing visa would be void, and he would no longer be able to use that visa to enter the U.S., even if it was a ten year/ multiple. Instead, he would be required to return to his home country, to apply for a new visa, so he could enter the U.S. again.

In a Memorandum dated January 14, 1999, the USCIS stated that as long as a person filed for an extension of stay before his original period of authorized stay expired, the person would be considered to be "in status", even if the extension was approved after the date on his I-94. However, that same January 14, 1999 Memorandum stated that if the person thereafter left the U.S. before a decision on his extension request, then his existing non-immigrant visa could be voided or canceled by USCIS.

Those who filed for extensions before their I-94 expired, found themselves in a situation where they were required to wait in the U.S. until USCIS made a decision on their extension request, especially where it was taking USCIS almost eight months to process the extension request.

The USCIS Memorandum of March 3, 2000, helps relieve this problem by amending the January 14, 1999 Memorandum. Under this recent Memorandum, people may leave the U.S. before a decision is made on their extension request, without jeopardizing their existing visitor's visa.

The new USCIS Memorandum provides in relevant part as follows:

1. The USCIS has determined that a person would be considered "in status" or in a "period of stay authorized" by USCIS during the "entire period during which a timely filed, non frivolous application [for extension of status] has been pending with the Service, provided that the alien has not engaged in any unauthorized employment" in the U.S. during his "visit".

2. The extension of status must have been "timely filed", meaning that it was filed before the expiration date on a person's I-94.

3. A person may prove (or establish) that his application for extension of status was timely filed by submitting on their next trip back to the U.S. a copy of his filing receipt for the extension, a canceled check payable to the USCIS for the extension of status, or other credible evidence that the request for extension was filed before the expiration date of the I-94.

4. The application for extension of status must be Çnon frivolous', meaning that the application "must have an arguable basis in law or fact and must not have been for an improper purpose". This means you need a good and valid reason for the extension request.

5. The alien must not have worked without USCIS authorization before the application for extension of status was filed or while it was pending. USCIS can take a "sworn statement" from the alien on the alien's next trip back to the U.S. concerning unauthorized employment. Further, aliens who make misrepresentations (or lie) about unauthorized employment could be subject to a finding of fraud by USCIS based on the Çwillful misrepresentation of a material fact'. Therefore, do not work during your visits!

6. If the above requirements have been met (i.e. filing for an extension before your I-94 expires, and not working while on a visitor's visa), then if a person leaves the U.S. after their I-94 expires and before a decision the application has been issued, "they are NOT subject to Section 222(g)..."

Accordingly, if you were one of those visitor's who filed an extension request before your I- 94 expires, but have been forced to wait for a decision, this new USCIS Memo may finally allow you to leave. If you have any questions about whether you have satisfied the requirements of this USCIS Memo, I would strongly suggest that you seek the advice of a reputable attorney, who can analyze your situation, to make sure that it is "safe" for you to leave the U.S."

[Boiler 43,396]

You never said why, but lets assume no valid reason then applying for an extension if you have no intent on returning anytime soon then does it really matter?

Obviously there are tax implications to consider which may or may not be an issue and travel insurance for such an extended period could be interesting.

[Maleman 5]

Since we did previously pay 6 months for travel insurance, this is an issue, but my main objective was not to lose my mother-in-law’s 10 year multiple visa. Additionally, I do not want to jeopardize her ability to leave the US if we do not hear back from the requested extension. It seems very clear what the attorney stated. However, I cannot not find proof of this reasoning anywhere on the USCIS WEB site. In summary, no verification that you could lose your B2 visa if you file for an extension, or otherwise, you will not lose your B2 10 year visa. Thank so very much for your reply!

[Boiler 43,396]

In that case leave on time and do not come back too soon.