Help Needed in B2 visitor visa!

[padsp]

Hi,

Recently my mother got B2 visa in india to visit US. Her visa validity has given for 6 months(Mar-Aug). However due to her health reason she is planning to visit either Aug or Sep.
Unfortunately her visa is getting expired on Aug.
I do no know what to do in this situations.
My questions are,

1. Can she wait until Aug and apply for fresh visa on Sep.
Will consulate accept this reason and issue new visa, though she never used old visa.
2. Can she get in US and ask for extension. will INS approve
her request.

I am looking for your help and suggestions.

thanks

Padsp

[jetseta]

As far as I undersand - a visa stamp in your passport is only valid for entering US. The time you are allowed to stay in the US completely depends on the nature of the visa you are travelling and the immigration officer's discretion.

In your Mom's case it should be perfectly alright (I am not giving a legal advice but sharing experiences!!!) if she enters US even one day of her visa expiration date. Now that she is on a B2 - the immigration officer can give her a time period of anywhere between a week to 6 months to stay in the US.

Alternatively after her visa expires she can go and reapply for a new visa (giving appropriate explanation as to why she did not use the one she got before.)

cheers.

[vsshah]

I think, jetseta's 2nd option is better.

It is good to take visa second time.

If your mom enters in USA 1 day before. Officer may give 1 week to 1 month. (Officer at JFK assigned for 1 month to my parents, even Visa was allowed for 6 months, then my dad requested officer, I have valid visa for 6 months and return ticket too, then Officer restamped with 5 months in passport/i-94 at same time) . Even your mom is getting for 1 month, and if you will extend it for few months, after she enters in USA. It will be difficult for her to get Visa for USA in her home country next time.

This is not legal advice.

[padsp]

Thank you for your suggestions. I would ask my mum to call consulate whether they can issue new visa. In case consulate refuse to issue new visa because she didn't use old visa, i can ask her to reach US before Aug. Based on her I-94 validity let me ask for extension.

thanks for your suggestion

Padsp