Unique situation: Extension of B1/B2 stay on Lost Passport/Visa


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my MIL lost her passport and b1/b2 visa. we got new passport and thinking to extend the stay due to covid restrictions. Is it legal to extend the stay on lost visa. technically our visa is cancelled. Did anyone extended like this. will there be any problem in future for renewals..

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Yes. A US visa is solely for entry, and the visa is not relevant to her stay inside the US. So it doesn't matter that the visa was lost. What matters for her stay in the US is her status, as granted on her I-94. Her I-94 is probably electronic, and can be printed out. She is good to apply for extension of stay as long as she has her I-94 and has a currently-valid passport.

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18 hours ago, newacct said:

Yes. A US visa is solely for entry, and the visa is not relevant to her stay inside the US. So it doesn't matter that the visa was lost. What matters for her stay in the US is her status, as granted on her I-94. Her I-94 is probably electronic, and can be printed out. She is good to apply for extension of stay as long as she has her I-94 and has a currently-valid passport.

we have i-94 copy. but we reported the visa was lost and it was cancelled. So on what basis we could extend the stay?

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21 hours ago, prasony said:

we have i-94 copy. but we reported the visa was lost and it was cancelled. So on what basis we could extend the stay?

The stay has nothing to do with the visa. (Like I said, visas are only for entry, and if you are not entering, you don't need a visa.) The stay is based on the I-94.

Edited by newacct
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  • 4 weeks later...

Unless your MIL's presence is absolutely required, it may better for her to go back to India before the end of the I-94 validity.  Extensions are getting delayed for many weeks or months (and often beyond the validity of the initial I-94 stay) and if for some reason, her extension is denied, then she could be considered to be an over stay and may have problems reentering the US in the future, or getting a renewal of her B1/B2 visa.   

 

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