B2 Visa Extension approved with expired date.

[Calvinv1101 0]

Hi there,

 

I helped my 70-years old mom to apply for I-539 with her B2 visa in May. (Filed on time)

 

I-94 expired date: 6/21/20

 

Forgot when was the Bio appointment, but the end of Sept.

 

The I-539 case then got approved on 10/7/2020 but only got 3 months of extension with the expiration date on [9/20/2020]

 

Since it still seems unsafe to travel, and she is in the high-risk group to the COVID 19, we do prefer to let her stay until things get better (maybe when vaccine is out)

 

Now my concern is can we apply for the second extension? I was browsing around the forum but can’t really find an exact answer to this question.

 

Also, is she going to have some legal issues when we apply the second time? since the case is approved and expired for 5 days already (from receiving approval notice)

 

Lastly, if we file a second i-539 now, will it take her back to legal status? If she decides to leave within 2 weeks, I just want to make sure her visa doesnt get revoked, or it will depend on the officer?

 

Any help would be greatly appreciated!!

Edited October 12, 2020 by Calvinv1101

[SalishSea 16,770]

No, she is currently out of status, and must leave before she accrues any more overstay.  There was another case like this recently on VJ from user @Andy&Kitty.

 

Unfortunately for you, she is here illegally now, and has lost her B visa also.

[SalishSea 16,770]

24 minutes ago, Calvinv1101 said:

Since it still seems unsafe to travel, and she is in the high-risk group to the COVID 19, we do prefer to let her stay until things get better (maybe when vaccine is out)

A vaccine will not be widely available for many months, even up to one year.  She cannot 'live' in the US on a B visa.  She needs to leave and you can petition her for an immigrant visa if eligible.

[Lil bear 3,831]

IF you are a USC , you could apply for her to Adjust her status to Permanent resident. Expensive way to be in lawful status for the interim .. she could abandon the process if the situation  opens up and she feels safe to return home .. or she may decide that she wants to stay permanently when the process is completed. 
If you aren’t a USC, then this act our isn’t possible 

[aaron2020 11,651]

Hi,

 

Unfortunately, your mom is now a visitor visa overstay as of 9/21/2020.  Her visitor visa was automatically revoked by operation of law upon her overstay - meaning she will get a notification.  She will need to apply for another visitor visa if she wants to visit again.  A second extension will not be approved since she currently has already overstayed before it was filed.  Filing for a second extension will not get her back into legal status.  

Sorry.

Edited October 13, 2020 by aaron2020

[SalishSea 16,770]

29 minutes ago, Lil bear said:

IF you are a USC , you could apply for her to Adjust her status to Permanent resident. Expensive way to be in lawful status for the interim .. she could abandon the process if the situation  opens up and she feels safe to return home .. or she may decide that she wants to stay permanently when the process is completed. 
If you aren’t a USC, then this act our isn’t possible 

Really?  But she has to be in legal status to adjust status.  She is here illegally.

[Boiler 43,433]

Well overstays are forgiven for immediate relative, as usual insufficient info to give a proper answer.

[Lil bear 3,831]

1 hour ago, Jorgedig said:

Really?  But she has to be in legal status to adjust status.  She is here illegally.

Overstay for immediate relatives is  forgiven. She had to enter legally .. which she did. Still a moot point if the OP is not a USC 

[Boiler 43,433]

No suggestion that a vaccine will e around any time soon, if ever.

[Mollie09 1,543]

11 hours ago, Jorgedig said:

Really?  But she has to be in legal status to adjust status.  She is here illegally.

Parents of USC are IR, so overstay is forgiven. Just missing the crucial piece on whether OP is a USC or not.

If OP is not or doesn't want to apply for AOS, there is no option but for mom to leave ASAP. B2 has been canceled, there's no way to stay legally from here on out.

[Ontarkie 13,915]

~~Hijack post removed. If you have a question for your own case please start a new thread.~~