Last minute visitor visa extension on emergency - Thanks in advance for advise

[phaniy]

Posted Date: Oct-27-2011

My mother in-law is currently visiting us on visitor visa. Her I-94 is going to expire on Nov-2st-2011. She is scheduled to return back to India on Nov-1st.
Unfortunately my wife met with an accident and is unable to walk without help. We would like to extend my mother-in-law's Visitor visa so that she can stay here for few more weeks to assist my wife.

1) Can we extend the visitor visa at this time? (Her date of entry to US is May-05-2011)
2) What are the consequences to extending visitor visa.
3) What could be a valid reason to extend the visitor visa. (I am assuming accident of her daughter is not a valid reason for visitor visa?).

4) If we apply for visitor visa and before getting the approval, if she leaves US, is there any problem at the departure? or will there be any problem on next re-entry to US.(She has 10 years multiple entry visitor visa).

**** **** **** ****
Most important question that worries me is - If my mother-in-law leaves before
USCIS decision on the extension. Will the USCIS reject the extension application (as at the time of decision she would have left to India) and thereby cancelling the 10y visitor visa? Or USCIS will just continue to process the case as if she is in US and give the decision. My mother-in-law can not stay in cold winter for long due to health reasons

Any help advise is greatly appreciated.

Thanks in advance

[talanki]

This is my understanding on visitor visa extension and consequences:

If she stays beyond current I-94 exp date and visa extension got rejected, then she is in US with invalid status and current 10yrs vis will be cancelled and she has to get new visa again to enter USA

If she leaves before current I-94 expires and visa extesnion got rejected, then current 10 yrs visa not going to be cancelled and she can travel on it again

As per my knowledge, If she leaves before current I-94 expires, visa extesnion application process will continue and status will be sent to you

hope this helps and good luck

[kabkaba]

This is my understanding on visitor visa extension and consequences:

If she stays beyond current I-94 exp date and visa extension got rejected, then she is in US with invalid status and current 10yrs vis will be cancelled and she has to get new visa again to enter USA

If she leaves before current I-94 expires and visa extesnion got rejected, then current 10 yrs visa not going to be cancelled and she can travel on it again

As per my knowledge, If she leaves before current I-94 expires, visa extesnion application process will continue and status will be sent to you

hope this helps and good luck

This is correct.
I want to add that if she wants to make sure the I-539 receipt date is before her I-94 expiry. The only way to do that now is by efiling the application. Paper filing receipt date is bound to be later than Nov 2.