Extend of stay for B-2 Tourist visa


mrkavi

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Hi,

My relative is in USA for a temporary visit on her B-2 visa. Her I-94 expires on January 16, 2019. She wants to extends her stay, as her family member will be undergoing surgery in first week of January. What is the best procedure to extend her stay probably for 1-2 months?

The USCIS suggests to apply for I-539 for extended stay, what is the approval chances of I-539 as the surgery is in future date?

Or else can she travel to neighboring country (Canada)? If so for how long she has to be out of USA?

Thank You

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1 hour ago, mrkavi said:

Hi,

My relative is in USA for a temporary visit on her B-2 visa. Her I-94 expires on January 16, 2019. She wants to extends her stay, as her family member will be undergoing surgery in first week of January. What is the best procedure to extend her stay probably for 1-2 months?

The USCIS suggests to apply for I-539 for extended stay, what is the approval chances of I-539 as the surgery is in future date?

Or else can she travel to neighboring country (Canada)? If so for how long she has to be out of USA?

Thank You

She can file I-539 for Extension of Status before her I-94 expires (it needs to be officially received by USCIS before the I-94 expires). It might take 3-5 months to process the I-539, so if she files not long before her I-94 expires, and she only stays for 1-2 more months, chances are that it will still be pending when she leaves, so she has no risk of denial while she is still here.

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