Sister in law Tourist Visa Question

[Thai Style 1]

My sister in law arrived today on a tourist visa. The CBP accused her of working here and only granted her 2 months stay. Is there a way to file for an extension?

Edited August 1, 2018 by Thai Style

[KazuriSana 324]

The CBP officer out of the blue accused her of working in the country, then admitted her? When asking for input from here, it is always good to give as much background info as possible.

 

That said, for valid reasons (extension to work and earn some money is not one), USCIS does have instructions on how to request an extension. Here.

[HoosierEh 21]

Hi,

 

I hope the extension works! I would accept the two months as generous because they could have denied her outright.  As someone with experience I was given x amount of time to visit when they could have turned me away and it was a discretionary kindness  ... 

 

Make sure you help her observe that departure date, especially if you do not get an extension and she does not stay one day over because it will only get worse come the next visit. 

 

Enjoy the family time! 

 

[CEE53147 559]

How can a person of working age take more than even a couple of weeks off?  She needs to leave within the granted period. Filing for an extension will be seen as validating the IO's assessment of the situation.

[Thai Style 1]

My sister in law came with my wife and son. She has a 10 year visa and has visited before. CBP held them up concerned that she came to work in a restaurant except I do not work in that industry. CPB came out to interrogate me before separating the sisters inside. My sister in law has no interest in working here she just likes to spend time with the family and travel a bit. They ended up interrogating her for 2 hours before releasing her with a 2 month stamp. My family will be heading back to the wife's home country in Jan and would like to travel together. It was a strange occurrence that we never experienced before. I am hoping that there is a way to apply for an extension but I read somewhere that you shouldn't try the extension immediately upon arrival. Was wondering if anyone has had a similar experience and has tried for an extension. Thanks...

[Ontarkie 13,915]

~~Moved to Tourist Visas, from Bringing Family of PR~~

[Roel 7,191]

Honesly? Don't bother with extension. Officers suspicions were noted in the system and that extension will be likely denied. 

 

Not to mention she already got lucky they even admitted her. I'd show good faith and ONLY stay as long as she was allowed or next time she'll want to visit, she'll be send on the plane back and her visa will be canceled. 

[Boiler 43,433]

Does she ever want to visit the US again, assuming no then I see no harm applying for an extension.

[Chris Duffy 1,256]

5 hours ago, CEE53147 said:

How can a person of working age take more than even a couple of weeks off?  She needs to leave within the granted period. Filing for an extension will be seen as validating the IO's assessment of the situation.

Some people have money and don't live paycheck to paycheck

 

 

[Unlockable 7,306]

6 hours ago, Thai Style said:

My sister in law came with my wife and son. She has a 10 year visa and has visited before. CBP held them up concerned that she came to work in a restaurant except I do not work in that industry. CPB came out to interrogate me before separating the sisters inside. My sister in law has no interest in working here she just likes to spend time with the family and travel a bit. They ended up interrogating her for 2 hours before releasing her with a 2 month stamp. My family will be heading back to the wife's home country in Jan and would like to travel together. It was a strange occurrence that we never experienced before. I am hoping that there is a way to apply for an extension but I read somewhere that you shouldn't try the extension immediately upon arrival. Was wondering if anyone has had a similar experience and has tried for an extension. Thanks...

So the extension is so your sister can travel back with all of you when you visit their country in Jan next year? Usually, extensions for visitor visas are given for more serious reasons but it is possible. With that said, she should really take this as a very stern warning and go back in the allotted 2 months time. Even if she is granted an extension, afterwards, it will need to be a very long time before she returns to the US.

 

Remember, visiting the US is a privilege, not a right.

Edited August 1, 2018 by NuestraUnion

[Cyberfx1024 7,978]

I would have to agree with everyone else on here that you guys are lucky she even got into the country if they were thinking that. So I would just tell her to stay 2 months and then leave, maybe next time they will give her a full 6 months. 

[WeGuyGal 1,052]

9 hours ago, Thai Style said:

My sister in law arrived today on a tourist visa. The CBP accused her of working here and only granted her 2 months stay. Is there a way to file for an extension?

She's already on US Govt's radar whether she worked or not. If CBP has suspicions, they're usually borne out of something. 

 

I wouldn't risk an extension. Takes several months for USCIS to make i539 decision. And if the extension is denied, she'd lose her visa. 

[Cyberfx1024 7,978]

59 minutes ago, WeGuyGal said:

She's already on US Govt's radar whether she worked or not. If CBP has suspicions, they're usually borne out of something. 

 

I wouldn't risk an extension. Takes several months for USCIS to make i539 decision. And if the extension is denied, she'd lose her visa. 

Not necessarily on the bolded part but if she is denied then she will have to leave Immediately because they will more than likely get a decision after her 2 month approved stay has ended. Everything else is spot on though. 

Edited August 1, 2018 by Cyberfx1024

[WeGuyGal 1,052]

36 minutes ago, Cyberfx1024 said:

Not necessarily on the bolded part but if she is denied then she will have to leave Immediately because they will more than likely get a decision after her 2 month approved stay has ended. Everything else is spot on though. 

It'll be CBP/embassy's call. 

[Jorge V 195]

12 hours ago, CEE53147 said:

How can a person of working age take more than even a couple of weeks off?  She needs to leave within the granted period. Filing for an extension will be seen as validating the IO's assessment of the situation.

 

7 hours ago, Chris Duffy said:

Some people have money and don't live paycheck to paycheck

 

 

Off topic but I always hate these types of comments. Plenty of working age people can travel for extended periods. While many workers are unable to take even a few days off, professionals in many industries, both in the US and in other countries, are realistically able to take off much more.

 

Both my wife and I are in the tech industry and we see this often. 4+ weeks off is standard even for first year employees, and some companies offer lots more. I know of a company that forces employees to take a 1 month paid sabbatical every 7 years which can be combined with other PTO. It's also not uncommon to save up and take long trips (several months) between jobs.

 

Time off in other countries can be even better than in the US. The average French employee gets 30 days of PTO, for example. While salaries in other countries are not always as good as in the US, taking several weeks/a few months off for workers from "poorer" countries is still a possibility. Tech workers in Mexico can earn up to USD $3k-$4k/month post tax if they live in CDMX or Guadalajara, which is easily enough to save up for a multi month long trip, and Mexico is by no means a rich country.