My mom's extension of stay

[GlesieSturtz 0]

I filed an extension ( I-539 ) of stay for my mom, Her flight going back home is tomorrow but we haven't received anything from uscis if she's  either denied or approved. Her i-94 is expiring in nov. 9, 2017. Can she stay and wait til we receive a letter from uscis or should she go back? 

[Unlockable 7,315]

She can stay but this is extremely late to be asking for an extension. If she finds out after her I-94 that they did not approve her extension she will have to leave immediately and will have incurred an overstay.

 

If you have valid reason for her to remain then she should here something soon. Careful mentioning things like helping with family or babysitting as those are no-no's in the eyes of immigration.

Edited October 30, 2017 by NuestraUnion

[NikLR 13,227]

Imho she should leave if you dont have a valid extension on hand. 

[Boiler 45,692]

Does she have any intention of visiting the US again?

[GlesieSturtz 0]

18 hours ago, NuestraUnion said:

She can stay but this is extremely late to be asking for an extension. If she finds out after her I-94 that they did not approve her extension she will have to leave immediately and will have incurred an overstay.

 

If you have valid reason for her to remain then she should here something soon. Careful mentioning things like helping with family or babysitting as those are no-no's in the eyes of immigration.

I received the receipt in Sept 27,2017 saying that the case is in process.

[GlesieSturtz 0]

16 hours ago, NikLR said:

Imho she should leave if you dont have a valid extension on hand. 

I have the receipt from uscis saying the case is in process

[NikLR 13,227]

1 hour ago, GlesieSturtz said:

I have the receipt from uscis saying the case is in process

Thats not approval.  Make sure she doesnt overstay if she wants to retain her current visiting visa.  If the reason she is staying is to look after children or help you out, she definitely should not stay. 

Edited October 31, 2017 by NikLR

[GlesieSturtz 0]

10 hours ago, NikLR said:

Thats not approval.  Make sure she doesnt overstay if she wants to retain her current visiting visa.  If the reason she is staying is to look after children or help you out, she definitely should not stay. 

I know its not but the case is in pending.  If she leave now isn't that abandonment of the case. And when she comes back won't she be questioned why she left while her petition is in process? And the reason of her stay is to yes help me out with my son born micro premature and obviously has medical conditions due to prematurity. His primary care doesn't recommend for him to be in a daycare. He is currently on oxygen. 

[Boiler 45,692]

She has multiple issues, long stay working on a visitor visa so yes she can expect problems no matter what.

[Unlockable 7,315]

11 minutes ago, GlesieSturtz said:

I know its not but the case is in pending.  If she leave now isn't that abandonment of the case. And when she comes back won't she be questioned why she left while her petition is in process? And the reason of her stay is to yes help me out with my son born micro premature and obviously has medical conditions due to prematurity. His primary care doesn't recommend for him to be in a daycare. He is currently on oxygen. 

Sorry to hear about your child.

 

In a way it is sort of a catch 22. But if she leaves now she would not be overstaying a visa that she already has rather than waiting for an extension that she might not get. Also, if she comes back she may be questioned on why such frequent long trips and also possibly be denied entry. If it is revealed that she is helping with you child she could even have her visitor visa revoked. It is heartbreaking we know but it is the unfortunate situation with immigration. Hopefully she will get the extension and will be able to stay. If so you should still prepare for the long term as once her extension is up she will have to go back regardless and will need to be out of the US for an extended amount of time. If she tries to come back right away it will definitely raise red flags.

 

Hoping for the best for you.

 

[NikLR 13,227]

They would expect you to hire a nurse or nanny. 

 

I'm sorry you're having to deal with so many issues at once and that she can't just stay to help you. 

 

No abandoning the petition to extend a stay by leaving when you are supposed to would be looked upon more favourably than assuming you can stay.  If they deny the extension and she's overstayed and will lose her tourist visa. There will be pretty much no chance of getting a new one. 

Edited October 31, 2017 by NikLR