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B2/ I539 Extension

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  • B2/ I539 Extension

    Hi everyone,
    I have a couple questions, please advise.
    My mom entered U.S on Feb 28 2020- her online I-94 said she admitted until August 28 2020. Her plans was returning to our hometown in April 2020. However, during to the pandemic there was no commercial flights from US to Vietnam yet so we switch her plan ticket to July 5th. My mom is 65 and with underlying health conditions so once again I might have to switch her ticket till mid August.

    I’m planning to switch her flight tickets again since they won’t open up anytime soon. Are we still be able to file extension online? According to the website, seems like we cannot?!?


    1. Should I file her i539 now and for how long? Honestly we don’t know when our country will open back up.
    2. I’m applying for U.S citizenship in June. Of course with what is going on in U.S, I don’t know when they will open back up for interview/oath ceremony.
    3. Let’s say my mom files extension for her visa for another 6 months, hopefully by then i’ll get my u.s citizenship. Would I be able to sponsor for my mother for green card?
    4. Should she stay and wait for me to get my U.S citizenship and sponsor for her. That process may take another year until i’ll be able to sponsor her.

    I didn’t plan to sponsor her this way but I would like to see what is my other options if she is already here and cannot even go back with this pandemic.

    Thank you.
    Last edited by Ti Nu; 05-20-2020, 10:40 PM.

  • #2
    1. Should I file her i539 now and for how long? Honestly we don’t know when our country will open back up.
    There is a cost to file I-539 (approx $370) and this form can be filled online. So I would till Aug 10th (2-3 weeks before the current I-94 expires) to file it.
    Once filed,she can continue to stay till it is approved / decision is made.

    2. I’m applying for U.S citizenship in June. Of course with what is going on in U.S, I don’t know when they will open back up for interview/oath ceremony.
    Expect 10--24 months (depending on your USCIS jurisdiction) to get the N-400 approved + oath.

    3. Let’s say my mom files extension for her visa for another 6 months, hopefully by then i’ll get my u.s citizenship. Would I be able to sponsor for my mother for green card?
    Highly unlikely you will get your citizenship by then.
    But yes, once you get your naturalization certificate, you can file for her I-130. This involves paperwork, documents, etc to be sent. So look up the form, instructions, etc now so are ready to file.

    4. Should she stay and wait for me to get my U.S citizenship and sponsor for her. That process may take another year until i’ll be able to sponsor her.
    She should leave before the current I-94 expires if possible. Otherwise, before the extension expires (assuming you file I-539 and get it approved)
    Opinion only. Cannot be construed as legal advice.

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