B1/B2 Visitor Visa Extension with I-539

[Mukund Srivatsav]

My mom and sister came to the US on March 1 and their current I-94 expires end of August. I want to apply for an extension now because I dont think I can put them on any of the repatriation/United Airline flights to India because -

We are in Atlanta and there are NO international flights from here. So they have to go to other cities - like New York, Washington DC, Chicago, California and New Jersey if they are to board one of those flights. There are quarantine restrictions for travelers from Georgia. If quarantining , I dont want them to stay in a hotel or any friends place, because of the pandemic.

My mom is 61 and a diabetic, so adequate and timely food becomes very important. The repatriation flights are not providing adequate food and we would have to carry enough food for our flights. If we quarantine in a different city, we have to rely on restaurant or outside food which is also something that one should avoid given the current circumstances.

I am really concerned about their safety travelling on these flights as well considering the pandemic. There are people complaining about extended flight delays (20 hour flights becoming 40 hour flights) and more alarming is people testing positive after reaching India (not sure if they carried the virus with them or contracted mid-air).

 

My mom has bought a house in India which is under construction. My sister is Deaf and doesn't have a job. They both live in the same house in India and have several deposits in banks that is earning interest income. I have proof of some of the deposits and the construction agreement for the house being built.

They both have travel history to Australia in 2016, US (one month) in 2018 and Europe (Jan 2020). They both have not violated any rules of the visa - their true intent has been tourism as has been the case on their earlier trips mentioned above. 

 

Does this situation constitute a solid I-539 extension of stay application? I know results cannot be guaranteed, but someone had remarked on a different post that "most have an intent to work", how do we prove that the visitors indeed did not work while in the US? My mom and sister haven't worked in the US as we understand the implications. But how do we prove this, if at all we have to, in order to make a strong case?

We have not been able to go on sightseeing because of the pandemic. Visiting places, in any country they have been to, has been their true intent. Would, not having visited any places in the US in the last six months, count as a violation of B2 visa during this pandemic?

Should I attach return flight tickets? Travel is unpredictable right now with no sign of International Flights from Atlanta and with all the quarantine restrictions in most other states. If I should attach flight tickets to the I-539 application, what should be their return date? May be Jan 2021?

I will financially support them while in the US. I will attach an I-134 Affidavit of Support to my extension application. Will this be an issue?

 

I know of a parent that has come multiple times to the US and every time they have managed to seek 6 month extension and stay for a whole year. I am surprised how their applications get through because this truly is the kind of application that should not be allowed because there is a pattern of true intent to stay for a longer duration. 

I understand USCIS doesn't (and shouldn't) make decisions on humanitarian or emotional basis. But, this is a global pandemic and a life could be risked because of travel in such stressful and unprecedented times. So, I hope the automatic voiding of visas is looked into, amid this pandemic. How or where could we raise this issue so there is a possibility for the rules to be relaxed for a few months amid this pandemic? Because relaxing these rules during a pandemic will not cause any serious long-term issues for US. They can always go back to old ways, once domestic situation in US improves.

[Mukund Srivatsav]

Forgot to mention, my sister cannot travel alone because she is Deaf and needs my mom for support. Global travel is seeing so many restrictions and procedures. Cannot risk letting my sister travel alone, so she has to stay as well. Would there be a problem with her extension?