RFE for B2 extension (Mom's visit extension due to Covid)

[Lavazza_K 9]

Hi all,

 

Wanted to share and pick yall's minds on responding to an RFE received on my mother's B2 extension application. I'm including part of the RFE in attachment here.

 

Background--

1. My mom entered US in Nov 2019 via valid B2 visa to visit, prior to this trip she has come 3 times, always left before the 6 months mark. I applied for her extension in mid Feb due to a travel ban or an advisory against, to China. I applied to extend to 10/31.

2. I listed reason for the extension as mom being high risk group due to her heart condition, and hardship in traveling. I stated that I would be financially responsible for the extension, and attached my pay stub/savings/checking account.

3. I'm a permanent resident.

 

Questions--

1. RFE is asking to provide evidence of activities "consistent with the B classification" - we have traveled a couple times, which i will include. Does visiting friends and family also count? Is there any documents i need to watch for to exclude that potentially can have a negative impact?

2. RFE is asking to provide evidence of stay would be temporary - i assume this means pretty much flight ticket. I have not booked one for her. Has anyone here responded without a ticket but any other evidence support hardship in traveling? 

3. I might get objections on this question, but I was looking into filing another extension if this one gets approved, is that possible? so that she can stay until the vaccine comes out end of this year or early next year. She has a very bad heart condition, flying for 20+ hrs could be very dangerous for her in the current condition - she can't wear a mask for that long either since she also has asthma

 

Please let me know if you had gone through this and have other suggestions. Appreciate everyone's time!

 

[Lucky2Lucky 2,526]

I’m only going to comment on the covid part. One; Don’t expect a vaccine to be available the end of this year or early next year. Two; it’s not a be all end all; the majority of the population will have to be vaccinated for there to be a huge response. Personally I’d not use covid as an excuse for the above reasons, the fact that you are keeping your mom in a country with a higher rate of covid than China (again your reasoning doesn’t meet the facts) and masks may be a solution for years to come... she was able to arrive in the US with a very bad heart condition so she can depart the US with a very bad heart condition. See how using covid doesn’t help your situation? Good luck in whatever you choose. If your mom is denied her extension she will receive a ban   From the US so make sure your ducks are in a row before submitting and be honest.

Edited August 11, 2020 by Luckycuds

[SusieQQQ 11,584]

Sorry this bit is not going to be directly helpful to you but I just wanted to comment that I find this interesting, as it had seemed they were being more lenient than usual with Covid related applications. This makes it seem they are certainly scrutinizing them as well as anything else. 
 

In terms of trying to be helpful: consistent with B essentially means, not in effect actually living here. Probably always a concern with a parent as clearly parent is probably staying with you, maybe helping look after kids, cook etc rather than “being a tourist”. (Yes yes I know that’s what a parent visit is, but...) And - you clearly didn’t do what you should have done in terms of providing details of residence, why she would go home etc. That should have been done as per the instructions.

[Boiler 43,429]

Did you submit details of her travel insurance?

 

Otherwise the questions look pretty straightforward.

 

Agree with waiting for a vaccination, that could be never.

[Lavazza_K 9]

4 hours ago, SusieQQQ said:

Sorry this bit is not going to be directly helpful to you but I just wanted to comment that I find this interesting, as it had seemed they were being more lenient than usual with Covid related applications. This makes it seem they are certainly scrutinizing them as well as anything else. 
 

In terms of trying to be helpful: consistent with B essentially means, not in effect actually living here. Probably always a concern with a parent as clearly parent is probably staying with you, maybe helping look after kids, cook etc rather than “being a tourist”. (Yes yes I know that’s what a parent visit is, but...) And - you clearly didn’t do what you should have done in terms of providing details of residence, why she would go home etc. That should have been done as per the instructions.

Thank you for your input! Yes I should've included more of her ties to going back home evidence. That part of their request is legit. 

[Lavazza_K 9]

1 hour ago, Boiler said:

Did you submit details of her travel insurance?

 

Otherwise the questions look pretty straightforward.

 

Agree with waiting for a vaccination, that could be never.

Thanks for your input! I haven't purchased a travel insurance so far.. is it too late to do so?

 

I agree, i wouldn't say their questions are out of the norm. 

[SusieQQQ 11,584]

50 minutes ago, Lavazza_K said:

Thank you for your input! Yes I should've included more of her ties to going back home evidence. That part of their request is legit. 

Not sure what you mean “that part” - the entirety of the RFE is “legit”. You are asking a concession and they are entitled to understand why she needs so long in the country. 

 

47 minutes ago, Lavazza_K said:

Thanks for your input! I haven't purchased a travel insurance so far.. is it too late to do so?

 

I agree, i wouldn't say their questions are out of the norm. 

i have to say, it seems strange that your mom has so many health conditions - tbh it sounds like even traveling without a pandemic must have been problematic- yet you don’t have insurance for her?

Edited August 11, 2020 by SusieQQQ

[Boiler 43,429]

52 minutes ago, Lavazza_K said:

Thanks for your input! I haven't purchased a travel insurance so far.. is it too late to do so?

 

I agree, i wouldn't say their questions are out of the norm. 

 She has a very bad heart condition, flying for 20+ hrs could be very dangerous for her in the current condition - she can't wear a mask for that long either since she also has asthma

 

She came to US without Travel Insurance? And you are financially responsible for her medical expenses.

[Unlockable 7,306]

As others have pointed out, your claims for the need for the extension for your mother doesn't seem to be holding water.

 

*She has health problems that makes traveling problematic yet she has traveled to the US (a very long flight from China) 3 times before.

*Currently, the US is trending worse than China in regards to Covid cases, so she could be safer back home.

*She has major health conditions yet does not have insurance in case problems with those conditions occur.

*You want to list visiting friends and family as activities for a high risk person in a country that is currently having the highest number of infections???

*Claiming you are waiting for a vaccine is a huge no-no. This is pretty much telling them you are waiting for the unknown. A vaccine may not come out until late next year. Or NEVER. Or what if China comes out with a vaccine for their citizens next week? Your mom is here yet a vaccine for her is back home. Get that excuse out immediately.

 

I personally think you may have opened a can of worms by claiming so many health concerns. Now immigration may think your mom is at risk of using free treatment or health benefits that is for US citizens if there is an emergency. 

 

For the RFEs, you should provide them with information that is consistent with you preparing to send your mother home and not things that show your mother pretty much living in the US now (she is just 3 months away from 1 year here). Look into return tickets or return dates. Look into travel insurance. 

 

Remember, they don't have to give your mother an extension at all. It is not a right for her to be here. If the extension is denied then, not only will you be scrambling to return your mother home at the last minute, but if she has overstayed, her visa will be cancelled and she will not be returning again in the near future. 

 

Plan accordingly and good luck.

Edited August 12, 2020 by Unlockable

[Mystery 2020 30]

So many things don't add up, fortunately they realised this too hence the RFE.

 

I can see a denial coming soon, and rightly so.

[Duke & Marie 1,389]

in addition to those points listed by others, I’m just noting that Trump banned travel from China NOT to China due to concerns of covid coming out of the region on jan 31...

 

you applied mid feb for the extension citing covid and her risk category/health as the reason but the National covid emergency wasn’t announced until mid March.. with the risks/health impacts not really known until that time.. appears your using covid and her health as the reason for the extension some 6 weeks prior to it becoming a national emergency yet didn’t care to purchase travel insurance or mind the flight on her arrival.

 

having arrived early March, pre covid alert, I needed an extension since my flight home were end of March.. had no issues and I’m not high risk health

Edited August 12, 2020 by Duke & Marie

[clumsyalchemist 1]

Make sure you buy a return ticket home and send the receipt of that. The chances of succeeding with the I-539 without it are very slim, since you cannot show a concrete plan for her leaving the country. 

[dirk_diggler 107]

How long do you have to respond to the RFE?

[Boiler 43,429]

Should say on the notice

Edited August 12, 2020 by Boiler

[bigteddybear 0]

https://www.***removed***/visitors-visa-extension/

This link will help you with Q3. it says you can stay 1 year max.

How long do you have to answer the RFE?