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[Kermit07]

My spouse's mother is here in USA on a B1/B2 visitor's visa. She has been here since September 2006 and her I94 departure date is March 26, 2006.
We want to have her visit extended by 2 months to help with our baby who will have an operation and we were ready to file the I-539 form when we saw on a forum that if the extension was denied that USCIS would then also cancelled her 10 year B1/B2 visa. It is now one year old. Is this true?

I should also tell you that she was here previously from May through August 2006 and returned in September 2006 because our child became sick and I need a knee operation and we needed help and we have no family here. The 10 year B1/B2 visa was so hard to get in the first place and as bad as we still need her for 2 more months, we don't want to take a chance that she could lose her 10 year visa if she is denied the 2 month extension. We waited for the 45 day window required to file and we are running short on time....so if anyone has experienced this either way, we'd be so appreciative.

[peace]

If the extension is denied and her I94 is expired, your MIL must leave immediately.
They DO NOT cancel your visa with the denial. Automatic cancellation of the visa under sec 222g(overstay) only happens if you stay on too long after receiving the denial. This determination is made when you enter again on the same visa when the officer may ask you to prove that you left fast. You will have to show the denial notice, a copy of the last I94 and your dated boarding pass/Indian arrival stamp date on the passport.

In your MIL's case , there is high likelihood that her ext will be denied.
The reason being, she already has stayed most of the time in US during the last 12 months.

So she must be prepared. There is always a risk that one is not able to get an air ticket right away when one receives a denial . And if one stays on too long, one may be hassled on next entry.

[Kermit07]

Thanks for your reply

We Are So Thankful For Your Replies

Thanks. What we were considering was the baby's garandmother (my mother-in-law) who is now very distrought about her 2-year old grandson having to have an operation and she not being here to help him afterwards.

Our intentions have nothing to do with being illegal or tricking anyone, it was a matter of sensitivity and perhaps wanting a little expertise since we have no family here and neighbors and friends have their own lives.

She will go home when she is scheduled to do so. We will not apply. We made this decision before we even looked here to see what others had experienced which is what we asked for and which no one evidently has after posting in several different forums. We were just running out of time. Since we don't know the answer and not even a lawyer can give a difinitive answer, we don't wish to take a chance on her future visits.

Again, thanks.

[nj_1]

Hi ,

You could also send your MIL back to India ,only to return again say within a month's time. This is a bit of a risk(but one worth taking since you seem to need the help) since she has been in the US a long time but still it seems to be a better option then extending her stay here by applying for an extension.
Wish you and your family the very best.

take care

We Are So Thankful For Your Replies

Thanks. What we were considering was the baby's garandmother (my mother-in-law) who is now very distrought about her 2-year old grandson having to have an operation and she not being here to help him afterwards.

Our intentions have nothing to do with being illegal or tricking anyone, it was a matter of sensitivity and perhaps wanting a little expertise since we have no family here and neighbors and friends have their own lives.

She will go home when she is scheduled to do so. We will not apply. We made this decision before we even looked here to see what others had experienced which is what we asked for and which no one evidently has after posting in several different forums. We were just running out of time. Since we don't know the answer and not even a lawyer can give a difinitive answer, we don't wish to take a chance on her future visits.

Again, thanks.

[Kermit07]

nj_1

Thanks for your kind reply.

She just wanted to be here for her grandson's semi-emergency operation and recovery. That is what grandparents are all about in foreign countries as well as in America.

We will not pursue this now because we don't want to take any chances with the 10 year visa about which questions even immigration attorneys could not answer definitively...and we understand this. Heck, we had to deal with immigration too when my wife's green card application was being processed. So, we are aware of the pitfalls.

Thanks