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Sandy1210

Is it legal to apply for second visa stay extension for parents when the first one is still pending?

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Hi,

My parents with B2 (Visitor visa) came to USA in October 2019. I applied for their stay extension due to COVID-19 reason in April 2020 for the time period from April 2020 to October 2020. And i got the receipt number for visa stay extension and the process is still pending. And since the flights did not start from Atlanta yet i am planning to extend there visa for more 6 months and once the flights started planning to send them. Is it legal to apply for second extension when the first extension is still in pending?

Thanks in advance.

Edited by Sandy1210
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Hello Sandy,

I am in the same boat. My parents too came in in October 2019. We applied for extension once and got the receipt but case is still pending. They are above 65 so worried if they have to go back with this covid situation still going on. Please do let me know what you decide or if you get any more information.

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Hello Everyone - I'm in the same situation as well. I have receipt no. for the 1st extension for my parents but the case is still pending. And now, we are at the end of the 1st 6-month extension. So contemplating if we need to apply 2nd time for extension since  COVID situation has not improved much and it is still extremely risky for senior citizens to travel almost 24-hr and added to it is the hardships they may face once they land. Anyone with knowledge of applying for 2nd B2-visa extension, pls. chime in so some of us can benefit from your knowledge. Thanks in advance.

Edited by Sachs

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On 9/7/2020 at 8:39 PM, Sandy1210 said:

Hi,

My parents with B2 (Visitor visa) came to USA in October 2019. I applied for their stay extension due to COVID-19 reason in April 2020 for the time period from April 2020 to October 2020. And i got the receipt number for visa stay extension and the process is still pending. And since the flights did not start from Atlanta yet i am planning to extend there visa for more 6 months and once the flights started planning to send them. Is it legal to apply for second extension when the first extension is still in pending?

Thanks in advance.

Please let me know if you have applied? I am in same boat as well.

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We are in a similar situation - filed for a first extension request (I 539) for my parents end of March, still under processing with USCIS. Given that COVID situation is still not safe for older people/vulnerable people to travel we are considering filing a second extension request. Is this OK to do?

Edited by VidRanga

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Hello Everyone,

I decided to apply for second extension stating the reason as fear of travel due to COVID. And i am going to apply in next couple of days.

Thank you.

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On 9/12/2020 at 3:56 PM, Sandy1210 said:

Hello Everyone,

I decided to apply for second extension stating the reason as fear of travel due to COVID. And i am going to apply in next couple of days.

Thank you.

Hello, Could you provide some info on how you are going to apply for an extension if the current application is still pending? I have an I-539 application for a B1/B2 visa that was requested until Sept 30th, but is still pending, and I want to extend it until Jan 2021. Do we file an I-539 form again? or is there a different procedure? Thank you. 

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On 9/12/2020 at 5:56 PM, Sandy1210 said:

Hello Everyone,

I decided to apply for second extension stating the reason as fear of travel due to COVID. And i am going to apply in next couple of days.

Thank you.

Did you apply? Is it similar to first extension or is there anything specific you had to do?

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On 9/29/2020 at 12:20 PM, second extension said:

Did you apply? Is it similar to first extension or is there anything specific you had to do?

FYI: I just requested for an extension on an I-539 application that was still pending. I called USCIS and asked to speak with a Tier-2 Officer. The officer told me that (a) visas or extensions are typically issued for the duration that is specified on the application, (b) If that time is running out and the I539 has not been adjudicated yet, one should upload a letter via their online USCIS account (as "unsolicited evidence") stating that they need an extension, for how long, and why. They should also submit evidence supporting the request (i.e. justification for the extension); and finally (c) if/when the I539 gets adjudicated, we will be given an option to file for an extension at that time (assuming the decision is a positive one). Finally, I asked the officer to send me an email confirming this discussion - which he did - so that I have it on record in case USCIS needs clarification in the future (Note: only tier-2 officers can provide this email). Good luck everyone. 

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22 hours ago, NAD said:

FYI: I just requested for an extension on an I-539 application that was still pending. I called USCIS and asked to speak with a Tier-2 Officer. The officer told me that (a) visas or extensions are typically issued for the duration that is specified on the application, (b) If that time is running out and the I539 has not been adjudicated yet, one should upload a letter via their online USCIS account (as "unsolicited evidence") stating that they need an extension, for how long, and why. They should also submit evidence supporting the request (i.e. justification for the extension); and finally (c) if/when the I539 gets adjudicated, we will be given an option to file for an extension at that time (assuming the decision is a positive one). Finally, I asked the officer to send me an email confirming this discussion - which he did - so that I have it on record in case USCIS needs clarification in the future (Note: only tier-2 officers can provide this email). Good luck everyone. 

Two questions

- After filing the second extension did you call the uscis officer? or before filing

- Also did the uscis officer send you the email with this information?

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On 10/2/2020 at 10:44 AM, second extension said:

Two questions

- After filing the second extension did you call the uscis officer? or before filing

- Also did the uscis officer send you the email with this information?

I called USCIS first, and asked to speak to a Tier 2 officer. The T2 officer told me to submit a letter that requests for more time than what was listed on my original I-539 application. I was asked to do this before the 6-month limit on the I-539 was up. He said I should NOT file a second I-539 application at this time, and I would be able to do so only after the current I-539 is adjudicated. I explicitly asked him to send me a confirmation of what was discussed via email so that I have it on record in case I need it. Good luck.

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On 10/1/2020 at 2:46 PM, NAD said:

FYI: I just requested for an extension on an I-539 application that was still pending. I called USCIS and asked to speak with a Tier-2 Officer. The officer told me that (a) visas or extensions are typically issued for the duration that is specified on the application, (b) If that time is running out and the I539 has not been adjudicated yet, one should upload a letter via their online USCIS account (as "unsolicited evidence") stating that they need an extension, for how long, and why. They should also submit evidence supporting the request (i.e. justification for the extension); and finally (c) if/when the I539 gets adjudicated, we will be given an option to file for an extension at that time (assuming the decision is a positive one). Finally, I asked the officer to send me an email confirming this discussion - which he did - so that I have it on record in case USCIS needs clarification in the future (Note: only tier-2 officers can provide this email). Good luck everyone. 

Thank you very much for this information NAD. This is very helpful.

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@NAD - I hit a problem trying to upload the "unsolicited evidence". Since my application was for both of my parents, it was not eligible for online filing, and hence had to be filed by paper. I was able to "Add a paper case" to the USCIS online account, but I don't see the case "Evidence" tab for my case. So, there is no option to submit an unsolicited evidence. I am wondering if someone else encountered this problem as well, and how they got around it. 

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Ok, I found a relevant article [link removed]

This is the opposite of what NAD was told by the tier 2 officer. This article advises that you make another application if you are reaching the end of your original extension request date, even if its still not adjudicated.

Specifically, see the following text from the aricle:

The timely filing of the I-539 application tolls the accrual of unlawful presence for purposes of the 3- and 10-year bars to reentry into the US if the applicant stays beyond the expiration of the validity date on the I-94. If the I-539 remains pending beyond the requested date, as the request can be made for up to 6 months, another I-539 application must be filed before the date the first extension if granted would have expired even if there has been no decision on the first I-539. The applicant may, however, depart the US during the pendency of the I-539 application. If the application is denied, there is no right of appeal, although the applicant may request a motion to reopen or reconsider. Requesting a reopening or reconsideration will not toll unlawful presence for purposes of the 3- and 10-year bars. If the extension is granted, it is imperative that the applicant depart the US timely prior to the expiration of the extended date. While there is no limit in seeking additional extensions, the USCIS will take issue with immigrant intent.

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On 9/29/2020 at 3:20 PM, second extension said:

Did you apply? Is it similar to first extension or is there anything specific you had to do?

I just did how i did my first extension and also informed about my first extension receipt number in extension cover letter.

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On 10/1/2020 at 2:46 PM, NAD said:

FYI: I just requested for an extension on an I-539 application that was still pending. I called USCIS and asked to speak with a Tier-2 Officer. The officer told me that (a) visas or extensions are typically issued for the duration that is specified on the application, (b) If that time is running out and the I539 has not been adjudicated yet, one should upload a letter via their online USCIS account (as "unsolicited evidence") stating that they need an extension, for how long, and why. They should also submit evidence supporting the request (i.e. justification for the extension); and finally (c) if/when the I539 gets adjudicated, we will be given an option to file for an extension at that time (assuming the decision is a positive one). Finally, I asked the officer to send me an email confirming this discussion - which he did - so that I have it on record in case USCIS needs clarification in the future (Note: only tier-2 officers can provide this email). Good luck everyone. 

I got reply's from some attorneys that we should apply second extension before first extension period is completed.

Thanks for the information, will call USCIS and ask what options do I have now since I already applied for second extension.

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My case was a little different than most here. I have originally requested only 4 months of extension, not the complete 6 months. I ended up calling USCIS and they confirmed that I can request the Requested Extension Date to be further extended by 2 months. I was asked to mail a letter with my case numbers mentioned to the local USCIS office. They also confirmed that when I get closer to 6 months, I will need to file another I-539 and mail in a check for the application fees and biometric fees even if the previous case was not adjudicated.

I will be doing that today. 

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On 10/1/2020 at 1:46 PM, NAD said:

FYI: I just requested for an extension on an I-539 application that was still pending. I called USCIS and asked to speak with a Tier-2 Officer. The officer told me that (a) visas or extensions are typically issued for the duration that is specified on the application, (b) If that time is running out and the I539 has not been adjudicated yet, one should upload a letter via their online USCIS account (as "unsolicited evidence") stating that they need an extension, for how long, and why. They should also submit evidence supporting the request (i.e. justification for the extension); and finally (c) if/when the I539 gets adjudicated, we will be given an option to file for an extension at that time (assuming the decision is a positive one). Finally, I asked the officer to send me an email confirming this discussion - which he did - so that I have it on record in case USCIS needs clarification in the future (Note: only tier-2 officers can provide this email). Good luck everyone. 

Hi Nad,

Thanks for the information. Regarding the supporting evidence to be submitted along with extension letter, are there any specific evidence related to COVID that needs to be submitted? such as travel advisories?

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On 10/5/2020 at 10:09 AM, Fire2024 said:

@NAD - I hit a problem trying to upload the "unsolicited evidence". Since my application was for both of my parents, it was not eligible for online filing, and hence had to be filed by paper. I was able to "Add a paper case" to the USCIS online account, but I don't see the case "Evidence" tab for my case. So, there is no option to submit an unsolicited evidence. I am wondering if someone else encountered this problem as well, and how they got around it. 

@Fire2024 - Unfortunately, I don't know what to do in this specific case. My best suggestion is that you call USCIS, ask to speak to a tier-2 officer, and ask them for specific advice. The reason I say tier-2 officer is because they are authorized to send you written confirmation of their suggestion via email. That way, it is on record. I personally did this because I kept getting conflicting information from the individuals who answer the calls initially, and there was no way of knowing who was right. With a T2 officer, it's on record. Good luck.

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On 10/5/2020 at 12:03 PM, Fire2024 said:

Ok, I found a relevant article [link removed]

This is the opposite of what NAD was told by the tier 2 officer. This article advises that you make another application if you are reaching the end of your original extension request date, even if its still not adjudicated.

Specifically, see the following text from the aricle:

The timely filing of the I-539 application tolls the accrual of unlawful presence for purposes of the 3- and 10-year bars to reentry into the US if the applicant stays beyond the expiration of the validity date on the I-94. If the I-539 remains pending beyond the requested date, as the request can be made for up to 6 months, another I-539 application must be filed before the date the first extension if granted would have expired even if there has been no decision on the first I-539. The applicant may, however, depart the US during the pendency of the I-539 application. If the application is denied, there is no right of appeal, although the applicant may request a motion to reopen or reconsider. Requesting a reopening or reconsideration will not toll unlawful presence for purposes of the 3- and 10-year bars. If the extension is granted, it is imperative that the applicant depart the US timely prior to the expiration of the extended date. While there is no limit in seeking additional extensions, the USCIS will take issue with immigrant intent.

@Fire2024 - Yes, precisely. I found one or two such articles on third-party websites as well. However, I was looking for something more official, and directly from the USCIS. (I suspect arguing with USCIS later that we saw this on some random website won't help). So I called them, asked for a T2 officer who could send me written confirmation, and followed the instructions he sent me in his email - which was directly from USCIS. I added this email as "proof" when I placed a request for extension, so USCIS is aware that I followed instructions that they directly provided. The Officer also told me that one can't file an I-539 extension for something that isn't approved yet. This is the best information I have. I understand there is uncertainty in the situation. My best suggestion is that we all independently call USCIS and get information - in writing - directly  from them, so we don't make mistakes. Good luck.

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On 10/6/2020 at 5:49 AM, Fire2024 said:

My case was a little different than most here. I have originally requested only 4 months of extension, not the complete 6 months. I ended up calling USCIS and they confirmed that I can request the Requested Extension Date to be further extended by 2 months. I was asked to mail a letter with my case numbers mentioned to the local USCIS office. They also confirmed that when I get closer to 6 months, I will need to file another I-539 and mail in a check for the application fees and biometric fees even if the previous case was not adjudicated.

I will be doing that today. 

Sorry for the repeated messages. Did you get this info from A T-2 officer at USCIS, and in writing? I only ask because one of the people answering my call at USCIS told me this at one point, and then two others told me I should not. It was this conflicting info that led me to call a T-2 officer and ask for written confirmation. 

This is what they said: " If you made errors while completing your application, which you wish to correct, or if you are requesting for more time you may write a letter or affidavit fully explaining them and upload the document as “Other” to your USCIS online filing system case. If you do, you may also wish to upload any evidence you have to support those changes. The adjudicating officer may decide to take this information into account when deciding your case. If the adjudicating officer does not grant your request, you may wish to file a new I-539 application. If you do, you must wait until your present application has been adjudicated. "

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On 10/6/2020 at 9:40 AM, soorajcs said:

Hi Nad,

Thanks for the information. Regarding the supporting evidence to be submitted along with extension letter, are there any specific evidence related to COVID that needs to be submitted? such as travel advisories?

Any and all information that explains why you are asking for more time. It will vary from case to case. Good luck.

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I just applied for another extension, I called USCIS and they mentioned to apply for another extension. 

However wasn't able to talk to tier-2 officer like NAD mentioned. Also since I applied paper based no place to add additional evidence.. 

 

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