Mother's B1 extension - how many months are we allowed to extend the stay


demal2k

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Hi All

 

My mother is visiting us on B1. She is here for the second time. Soon after she came here this time, my son was diagnosed with Leukemia. The chemotherapy is going to continue for 3 years. And for another 6 months at least he cannot go to daycare.

 

To apply for her extension, we have got a letter from the hospital saying that we need to take extra care for my son and my mother's support will make things a bit easier for us at the moment. 

 

Her I-94 is till mid august. We plan to file for the visa extension, but we are not sure how much longer can we apply for. Also, I want to ensure that she can come back in the future without hassle.

 

Any suggestions / thoughts ?

 

Regards

Hemali

 

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I assume you mean B2. A B1 is for visiting for business.

It is not very likely that an extension would get approved. The letter from the hospital is not going to help.

Moral support is not much of a consideration for visitor visas. And helping in the household, like babysitting, would be illegal for a visitor, anyway.

Does your insurance pay for a household help?

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Hi All

 

My mother is visiting us on B1. She is here for the second time. Soon after she came here this time, my son was diagnosed with Leukemia. The chemotherapy is going to continue for 3 years. And for another 6 months at least he cannot go to daycare.

 

To apply for her extension, we have got a letter from the hospital saying that we need to take extra care for my son and my mother's support will make things a bit easier for us at the moment. 

 

Her I-94 is till mid august. We plan to file for the visa extension, but we are not sure how much longer can we apply for. Also, I want to ensure that she can come back in the future without hassle.

 

Any suggestions / thoughts ?

 

Regards

Hemali

Sorry to hear about your position. But, you mother being the grandparent of your child might not be eligible for an extension and thereby get an approval for it. She could apply for an extension, stay in US and return to home country before a denial decision is made by USCIS.Talk to a good attorney about her chances to get approval.

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I am so sorry that your son is ill; I hope the chemo is successful.

 

Caring for someone who is ill is not a valid reason for extending a B2 visa; the fact that you mention that he goes to daycare implies that you are working and she will be providing normal child care which is illegal work for someone on B2 visa.

 

Since you need assistance, discuss your situation with the social worker at the hospital. They will have resources that you can access to assist you at this time. Some cities have specialized child care programs for children in your son's situation; you can always hire a professional caregiver; or one of you parents may have to quit your job to stay home with him.

 

A final thought is to discuss her situation with an attorney. You certainly do not want her to lose her visa for working illegally in case it becomes necessary for her to visit again on short notice.

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Too many self proclaimed experts deciding what is and what is not allowed on B2 .     Here is something from a US Embassy --

 

http://honduras.usembassy.gov/niv_faqs.html

What can I do if I have an emergency and cannot wait until the date of my appointment?

Expedited appointments will only be given in the following situations:

•To receive or continue urgent medical treatment in the United States.
To care for/visit an ill relative in the United States.

 

OP,  consult an Attorney.

 

Omshiv,  it does not cost to be a "human" .

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Hi All

Thanks for your response. Couple of points-

1. I have spoken with the social worker. They said they have seen several cases and have provided a letter but they didn't exactly know if that helped in the process or not

2. My mother is on B2 and NOT working illegally. She is with me during a difficult phase of my life.

3.Am going to try for it anyway.My question for the forum is

- how many months can i extend ?

- does it impact any future visits ?

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Hi All

Thanks for your response. Couple of points-

1. I have spoken with the social worker. They said they have seen several cases and have provided a letter but they didn't exactly know if that helped in the process or not

2. My mother is on B2 and NOT working illegally. She is with me during a difficult phase of my life.

3.Am going to try for it anyway.My question for the forum is

- how many months can i extend ?

- does it impact any future visits ?

You could request for another 6 months. It might be approved by USCIS for less than the requested time or denied. If your mother exits US after extension denial her B2 visa is automatically void and she has to apply again for a B2 visa if she intends to come to US. In that case it will be tough to convince VO to get a new B2 visa.

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In my opinion,  in your case, a 6 month extension  sounds very reasonable.  If the extension is denied and she is in US as on day of denial (after current I-94 is expired),  her Visa is automatically cancelled.   She should get a new visa

 

But again,  reading what US consulates say,  I do not think it will be denied.  However,  I strongly suggest you consult an attorney .... many attorney's , including Attorneys from Murthy firm , provide community (free) chat or conference call services

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Too many self proclaimed experts deciding what is and what is not allowed on B2 .     Here is something from a US Embassy --

 

http://honduras.usembassy.gov/niv_faqs.html

What can I do if I have an emergency and cannot wait until the date of my appointment?

Expedited appointments will only be given in the following situations:

•To receive or continue urgent medical treatment in the United States.

To care for/visit an ill relative in the United States.

 

OP,  consult an Attorney.

 

Omshiv,  it does not cost to be a "human" .

What is written on some webpage, even a government webpage, is not overly relevant.

What matters is the law. Since you seem to be an "expert", another one of the self-proclaimed ones you oh so dislike, show us the law...

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A person on B2 and providing child care is working; work is illegal on B2 visa. You specifically stated that he could not go to DAYCARE and you needed your mother to care for him, That is most certainly working illegally according to interpretation of US rules.  If one of the parents is at home full time, then he would not need to go to daycare.

 

She can apply for an up to 6 month extension. If she stays past her first I-94 and the extension is denied, she must leave immediately and her visa becomes void; she must apply for another one which may or may not be granted, If it is determined that she was illegally working, do you really think she would be granted another visa.

 

This is not meant to be harsh, just reality.  It is your choice to remain in the US for treatment. If you cannot manage without assistance, you must hire help and not expect a visitor do provide the services you need.  Depending on your circumstances and insurance, you should be able to manage.

 

You need to consult an attorney to investigate the requirements for humanitarian visas. There is little experience on the forum with this type of situation.

 

Chak,  The mother is coming to provide DAYCARE per OP's original posting.There are numerous other options including mom or dad staying home.

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What matters is the law. Since you seem to be an "expert", another one of the self-proclaimed ones you oh so dislike, show us the law...

I do not proclaim to be expert and give a verdict (like "case Closed") .   You are the expert so the onus is on you. Show us a law that caring for a sick relative is not allowed on B2 ... or for that matter ,  caring for a sick relative is "work".

 

I merely cited what US Embassy says on their website.  If you think they do not know the law , go fight with them.  Barking at the wrong tree won't help. 

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A person on B2 and providing child care is working; work is illegal on B2 visa. You specifically stated that he could not go to DAYCARE and you needed your mother to care for him, That is most certainly working illegally according to interpretation of US rules.  If one of the parents is at home full time, then he would not need to go to daycare.

 

 

 

Chak,  The mother is coming to provide DAYCARE per OP's original posting.There are numerous other options including mom or dad staying home.

I guess you should leave the "interpretation"  of US laws to the professionals --- aka Attorneys.  It is illegal (and dangerous) for an unqualified person to offer advice based on legal interpretation.    Cite some Government interpretation (not posts from the "my words are law " types)   if you  have or direct OP to  somewhere where he/she can get a qualified advice. 

 

First,  Mother is NOT coming .  Mother is IN US .    Second,  without seeing Doctor's note and/or the medical history you DO NOT know if mother will provide ordinary DayCare OR the child need some special help for his illness.     My child had a major surgery couple of  years back and for a few days after that ,  needed much more support than what a DayCare can provide.  My wife,  a homemaker,  was not enough ... I took FMLA and was at home ..... but that was for a surgery and a matter of a few days .   For a long term cancer treatment,  much more care is needed than what can be provided at a DAYCARE.... I have seen it personally

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Remember, I referred OP to the social worker if they need specialized assistance. There are in larger cities child care provider staff more qualified than a grandparent (other than a medical professional) to provide specialized care for a special needs or sick child. Remember OP stated DAYCARE was needed.

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Remember, I referred OP to the social worker if they need specialized assistance. There are in larger cities child care provider staff more qualified than a grandparent (other than a medical professional) to provide specialized care for a special needs or sick child. Remember OP stated DAYCARE was needed.

 

Can you suggest a "provider"  which supplies grandparent (or parent) ?   OP said "we have got a letter from the hospital saying that we need to take extra care for my son "

 

All said and done,   your words carry ZERO weight in front of what an US Embassy says .   US embassy issues Visa , NOT you. 

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Then stop posting irrelevant stuff, and stop misleading.

it is YOU who should stop misleading people .... with ZERO knowledge and ZERO reference.   Be an adult and prove what US Embassy says is against the law rather than picking up a fight with anyone who calls out your fake expertise. 

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I have provided OP information about services about which he/she may have been unaware. If I had a child needing special care, I would prefer a MEDICALLY TRAINED TEAM with resources far superior to that available in a home environment. With the legal requirements on medical providers, a grandparent just showing up at a hospital with a child requiring care is likely to encounter problems - if they could get there in a timely fashion and could communicate with the medical team (remember many of the visiting grandparents do not speak English). However, a center providing child care for a child requiring special care is likely to have the medical equipment readily available and all legally required authorizations on file as well as the specialized knowledge required to give the child the best care available outside a hospital or skilled nursing facility.

 

The social workers at the hospital are the best resources for the parents in obtaining alternate for their child. IMO, a visiting grandparent may provide a sense of security to the parents but is not likely to be the best choice for medical care for a seriously ill child on a daily basis especially since she will be in a country and medical care situation with which she is not familiar.

 

If she is providing child care, that is not a valid reason for a visit.  However, there are known to be visas grated for humanitarian reasons. OP should be consulting an attorney (as I advised earlier) to determine if there are other options for her situation.

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Can you suggest a "provider"  which supplies grandparent (or parent) ?   OP said "we have got a letter from the hospital saying that we need to take extra care for my son "

 

All said and done,   your words carry ZERO weight in front of what an US Embassy says .   US embassy issues Visa , NOT you. 

First, the embassy doesn't issue visas. A consulate issues visas.

Second, in this case, no consulate is involved. An extension of status is handled by USCIS.

Third, to take "extra care for the son" can be done by hiring help.

Fourth, your "expert" "advise" is worth less than nothing, it is only yet another attempt to fight.

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Then stop posting irrelevant stuff, and stop misleading.

It is YOU who have been consistently misleading people  without ANY knowledge,  without ANY reference .  From B2 cannot care for sick relative to S-Corp not allowed by EAD/H1 to WARN does not exist to one need a new H1 when job location changes within same MSA to one can never qualify for EB2 with a 3 year Bachelors (even  after having a US Masters)  ... the list is endless.  And you have NEVER been able to show any law ... just "my words are law" . 

 

Stop this high school bully attitude and be an adult ... learn how to defend your arguments  (or learn from mistakes).

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Immaterial and irrelevant.   US Embassies around the world says a "relative"  CAN  come to US to care for someone sick. 

Immaterial and irrelevant. The law and only the law is what matters, not what is on some website.

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Immaterial and irrelevant. The law and only the law is what matters, not what is on some website.

Sure .  Why don't  you cite the law which says "caring for a sick grandchild is not allowed on B1"  .  BTW,  are you saying US Embassy  are clueless about US laws ?   

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