Extension of visitor visa in lieu of serious medical condition

[sbp79]

<p><p><p>

I am writing to obtain some advice regarding the extension of stay for visitors on B2 visas to the US. My parents entered the US in Sept 2012 on B2 visas to help my wife and I as we were dealing with a life threatening medical condition I have been diagnosed with.

The date stamped on their I-94 is 11 March 2013.

I have a surgery scheduled for end February 2013 - after which I need 5-6 weeks to recover completely, and my doctors and surgeons have asked me to ensure we have sufficient help to get through this. I have been asked to be extremely careful to prevent any exertion till I recover.

We submitted the application to extend status through the Electronic filing system (ELIS) to the USCIS on 10 Jan 2013. We have provided all the supporting evidence - doctor's letter, financial sponsorship, letter etc. We received a receipt by email and mail a few days later. However, we still have not received a decision from USCIS, and the online status lists it is "In process" and "Under initial review". It has now been about 35 days since we applied.

The average processing time for the VSC (which is the center where our application is) is currently 2.6 months, so it seems like we might receive a decision after 11 March 2013.

Based on our research, we are aware that if my parents overstay and USCIS ultimately rejects their application for extension of status - they will need to leave the US immediately and their multiple entry US visa would be voided. They will then have to reapply for a new visa in India.

• In cases where an extension of status is requested on medical grounds, what is the likelihood that USCIS rejects the application?
  

• If the likelihood of a rejection is low, is it then worth the risk to overstay and wait for an approval of the application?
  

• If ultimately USCIS does indeed reject the application, would reapplying for a visa in India cause any problems (even if my parents are able to show the necessary supporting information from the doctor which should explain why they overstayed)?
  

Any help or advice would be most appreciated!

Thanks in advance

[t75]

You should arrange professional assistance. Contact your health insurance customer service. Some of the cost may be a covered medical expense. It is doubtful that older parents are physically able to assist to the extent needed.

[Attorney_25]

Your parents cannot "help" with your care while in B-2 status as this is considered "work" and B-2 does not permit working. The most they can do is to be present for emotional support. If their extension application stated that they will be taking care of you, then this may well be the cause of the delay. Please consult a qualified immigration attorney for assistance. (Would have been more helpful prior to submitting the extension application.)

[sbp79]

The visa extension for my parents got approved by USCIS in Vermont. Here are some details:

• Applied on Jan 10, 2013 via USCIS online portal ELIS
  
• Approval online granted on Mar 14. 2013
  
• Total cost for both applicants - $290 (paid electronically)
  
• Extension granted for 60 days (as requested)
  
• Original I-94 expired on 11 March 2013, but new I-797As have updated I-94 to attach to original
  
• Did not use a professional attorney - USCIS portal had simple directions - easy to follow
  
• Provided Doctor's letter, and included letter requesting for extension: even though, the letter said parents would be assisting me and helping out - USCIS did not view it unfavorably (as some commenters above indicated they might)
  
• Also provided my financial information and bank account details to show sufficient funds
  

Hope this helps!