Is there a way to let a single old parent stay in US longer than 6months?

[vivekvsapre]

Hi,

 

 My mother passed away recently and I am planning to take my father (70 yrs old) along with me to US. I am on H1B visa and waiting to file the 3rd phase of Green card. My father has a visitor visa, however, that allows him to stay only for 6 months. Is there some other visa type or option to allow him to stay longer ? 

 

Regards,

 

Vivek 

[jairichi]

Sorry to hear about your loss. Unfortunately the answer is NO.

[rahul412]

You can request EOS, but chances of approval depends on the reason for extension.

[Attorney_21]

There are provisions for "household members" who do not qualify for dependent (i.e. H-4) visa status to remain in the U.S. in B-2 status for longer than the normal time limits. This normally is applied in the case of elderly parents who had been living with the H1B visa holder in the home country, and require the his/her support/assistance when the H1B goes to the U.S.

 

There was a USCIS memorandum released on this several years ago, but it is a complicated issue, and you should consult a qualified immigration attorney for guidance. 

[jairichi]

There are provisions for "household members" who do not qualify for dependent (i.e. H-4) visa status to remain in the U.S. in B-2 status for longer than the normal time limits. This normally is applied in the case of elderly parents who had been living with the H1B visa holder in the home country, and require the his/her support/assistance when the H1B goes to the U.S.

 

There was a USCIS memorandum released on this several years ago, but it is a complicated issue, and you should consult a qualified immigration attorney for guidance. 

Never knew that something like this existed. Thank you.

 

@OP: Apologies for the misinformation provided by me.

[vivekvsapre]

Thank you Attorney_21, I will consult an immigration attorney.