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ESTA - extension for health related emergencies

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  • ESTA - extension for health related emergencies

    My mother who is currently visiting in the USA on an ESTA waiver suffered a bad fracture and had to go get medical treatment for her injury. She is currently out of surgery and out of the hospital and starting the recovery process. My dad is with her here in the USA as well. Right now they have around 7 weeks left before their 90 day stay is up, but I don't believe she will be recovered enough to travel back to their home country. I have documentation from the hospital saying she is not physically able to travel and them trying would likely result in a plane needing an emergency landing. It will likely take at least 6 months but possibly longer before she is cleared to be on a plane. Right now she is staying with myself here and we have set up the house to live comfortably and we are aiding in her recovery process to get her back to normal as soon as possible.

    From what I have understood, because they came in on a visa waiver, they are not eligible for an I-539 extension so I could not file an I-539 form for a typical 6 month extension? Is this correct?

    From the uscis website, it seems like since they are on a visa waiver, the uscis can extend up to 30 days for satisfactory departure, and then possibly another 30 days, but I don't think that will be enough time for her to be medically cleared to travel. Could we try continually for 30 day extensions until she is medically cleared?

    Pre-covid they were regularly visiting the usa and have never had any issues leaving before their visa is up. They have never broken any laws in this country and they did not come to the US this time with intention to stay beyond their original 90 days.

    Is the best course of action just to call the USCIS contact center and explain the situation? Would they have any leniency in a situation like this?

    In terms of documentation I would need to have prepared for a meeting with them, I have the medical documentation as well as a note from the hospital on not being medically cleared to travel, their original flight home details and copies of their passports. I have not currently changed any of their flights. Are there any other items I should also have prepared?

    Any help or advice would be greatly appreciated.