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Extension of ESTA

By JD2 in Tourist Visas

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JD2 Community Regular

JD2   274

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How do you request an extension of ESTA due to a serious medical issue (Stage 4 brain cancer)?  My friends went to CBP at airport and they told them to fill the form on USCIS "and then we can approve it but you have to first fill the form on USCIS."  But, I don't see any form on USCIS.gov

Edited by JD2
Crazy Cat Grand Master

Crazy Cat   46,354

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Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

There is no form for that.  VWP visits cannot be extended nor can the status be changed while inside the US (except for immediate relatives of US citizens who apply to adjust status to obtain a Green card).

 

image.thumb.png.d465b5419131b3e0aa7a581429afcf6c.png

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   46,354

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Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

Perhaps the officers were referring to an I-539 extension of a visit after entering via a B2.....that is not applicable for an entry via VWP (ESTA).  

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

appleblossom Mentor

appleblossom   5,894

Posted
Filed: EB-1 Visa Country: United Kingdom
 Timeline
Posted (edited)
50 minutes ago, JD2 said:

How do you request an extension of ESTA due to a serious medical issue (Stage 4 brain cancer)?  My friends went to CBP at airport and they told them to fill the form on USCIS "and then we can approve it but you have to first fill the form on USCIS."  But, I don't see any form on USCIS.gov

 

No such thing I'm afraid. As said above, B visas can be extended in extreme circumstances. ESTA can't. I'm sorry, sounds like it's a really tough situation. 

 

Who has the brain cancer, the ESTA holder or a relative?

Edited by appleblossom
Crazy Cat Grand Master

Crazy Cat   46,354

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
8 minutes ago, appleblossom said:

Who has the brain cancer, the ESTA holder or a relative?

Good question.  If it is a relative, I think I would consider exiting the US before overstaying, then immediately returning via VWP and plead my case if asked about the quick return to the US.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

JD2 Community Regular

JD2   274

Posted
Timeline
  • Author
Posted

I found this in the policy manual.

 

 

Visa Waiver Program Entrants – Satisfactory Departure

VWP entrants are generally not eligible for an extension of stay or change of status.[11] However, where an emergency or unforeseen circumstance prevents the departure of a VWP entrant, USCIS may exercise discretion to grant up to 30 days to allow for satisfactory departure.[12] For those VWP entrants already granted satisfactory departure and unable to depart within this 30-day period because of an emergency or unforeseen circumstance, USCIS has the authority to provide an additional 30-day period of satisfactory departure.[13] Officers determine whether an emergency or unforeseen circumstance constitutes an emergency that merits an approval of satisfactory departure.

To request satisfactory departure from USCIS, a VWP entrant should contact the USCIS Contact Center[14] and provide proof of the emergency or unforeseen circumstance. The USCIS Contact Center forwards the request to the local field office for consideration. If USCIS approves the request, the officer provides the requestor with a notification of a grant of satisfactory departure.

Our toll-free number is 800-375-5283 (TTY 800-767-1833) and we answer live calls and chats Monday to Friday, 8am to 8pm Eastern.

Crazy Cat Grand Master

Crazy Cat   46,354

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

Good luck, but I think this is a long shot unless the visitor has the medical condition.  You haven't stated who has the condition....visitor or US resident/Citizen.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

JD2 Community Regular

JD2   274

Posted
Timeline
  • Author
Posted
12 minutes ago, Crazy Cat said:

Good luck, but I think this is a long shot unless the visitor has the medical condition.  You haven't stated who has the condition....visitor or US resident/Citizen.

The ESTA visitors daughter is a US green card holder and has Stage 4 brain cancer which is getting severely worse.  She has some serious surgeries scheduled and they want to stay for those procedures.  The US resident cannot drive due to seizures so they are helping drive her and care for her.

Crazy Cat Grand Master

Crazy Cat   46,354

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
38 minutes ago, JD2 said:

The ESTA visitors daughter is a US green card holder and has Stage 4 brain cancer which is getting severely worse.  She has some serious surgeries scheduled and they want to stay for those procedures.  The US resident cannot drive due to seizures so they are helping drive her and care for her.

I'm sorry to hear that.  Good luck.  I hope they can stay.  Good luck.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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