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Question about second extension on B-2 tourist VISA

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  • Question about second extension on B-2 tourist VISA

    Hi,
    My in-laws came to US on 20th November, 2019 and they hold a valid US VISA. Now they were supposed to be going back to INDIA on sometime in APRIL, but due to COVID-19 situation they could not go back. So I applied for the extension of their stay (I-539) before their I-94 expiry date (which was MAY 20, 2020). I asked for approving their stay until 30th of October.
    Now the thing is that they are still stuck here and do not think they can go back to INDIA by October 30 and the chances I will get the approval notice for their extension of stay (which I applied on April) are very less before October 30, so in this case can I file another extension for them before October 30 while the decision from the initial extension is still pending? If I can, how many months of extension of stay I can ask from October 30?

  • #2
    Why do you say "do not think they can go back to INDIA by October 30" ? fyi... There are flights to India
    The max a person can stay on B2 is one year. So even if you request an extension, it would be for 20 days (Oct 31 - Nov 19). If they do not leave or have last minute issues, they will start accruing unlawful presence. So I recommend they book the tickets right away and leave.
    Opinion only. Cannot be construed as legal advice.

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    • #3
      Originally posted by R78 View Post
      Why do you say "do not think they can go back to INDIA by October 30" ? fyi... There are flights to India
      The max a person can stay on B2 is one year. So even if you request an extension, it would be for 20 days (Oct 31 - Nov 19). If they do not leave or have last minute issues, they will start accruing unlawful presence. So I recommend they book the tickets right away and leave.
      There is no such "max". Extensions can be applied in 6-month increments with no limit,.

      This is my personal opinion and is not to be construed as legal advice.

      Comment

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