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Help: Visitor Visa extension

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  • Help: Visitor Visa extension

    I had applied for tourist visa extension for my mother-in-law by filing online. I also received the WAC number showing application was received on Nov4th. However still now the online status shows "Under Initial Review". A quick check of processing times show an average 2.5months. My mother-in-law's original return ticket is for Dec 27th. I am really worrying that we will not receive the extension decision before Dec 27th. What are my options?

  • #2
    She just shows the I-539 filing reciept upon departure and she will not be marked as an overstay when she departs on Dec. 27th.

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    • #3
      clarification

      Originally posted by BigJoe5 View Post
      She just shows the I-539 filing reciept upon departure and she will not be marked as an overstay when she departs on Dec. 27th.
      Sorry I didn't clarify my original posting. My mother-in-law's present I-94 card is valid still December 29th. She plans to stay for another 4 months after that.

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      • #4
        In same boat...visitor visa extension

        hi,
        we are in the same boat. parents have to leave in dec and have applied and waiting for extension. not sure what to do.
        please share any info you collect. i will do the same.
        thanks,
        KK

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        • #5
          So in plain english, if she has filed a valid extension application before the expiry of I-94, she was not employed in US during this time then she is allowed to stay for upto 3 months after the expiry of her I-94. Correct me if I am mistaken. Also for reference can you please tell me where I can find the document "INA 212(a)(9)(B)".

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          • #6
            As long as she has filed for the extension before her current I-94 expiration date, she can legally stay in the U.S. for 240 days or until the decision is made, whichever is sooner.
            Immihelp Support
            No legal advice. Use at your own risk.

            Visa and Greencard Tracker

            Visitor Medical Insurance for your visiting relatives.

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            • #7
              Hi,
              I understand that you can stay for 240 or until the decision is made.

              But, will it create any problem in the Port of Entry if they plan to come back next year or later?

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              • #8
                No, not just because of that because the stay was legal.
                Immihelp Support
                No legal advice. Use at your own risk.

                Visa and Greencard Tracker

                Visitor Medical Insurance for your visiting relatives.

                Comment

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