Urgent - B2 visa extension for mother-in-law, please help!

[sunny79]

Hello,

My MIL's i-94 expires in mid Nov. She was all set to depart before this date. Unfortunately, last week, she had an accident and had a major injury which required surgery in the ER. She is at home recovering now. The doctor estimates 2 months for a full recovery, and at least 4 weeks for the external wounds to heal. We want her to stay with us at least for  four weeks because she has to rest completely, and she needs the sutures removed and has follow up doctor appointments. I have already filed for a visa extension online with all the supporting documents. Could you please help me with the following questions - 

 

1) Typically, how long does it take for USCIS to provide a decision?

 

2) She holds a B2 multiple entry visa for 10 years. Will this visa get voided if the USCIS declines her case? What is she has already left the country (after i-94 expiration but before the decision is mailed to us), is her visa still valid then?

 

3) While she is waiting on the decision of her case, is she considered in status or out of status after her i-94 expires? 

 

I request you to please provide feedback. She has never overstayed her i-94, and this was totally unexpected. Please help

[JoeF]

She is legal while the extension is pending, even after the I-94 expiration.

If the extension gets denied after the I-94 expired, then the visa automatically becomes invalid, by law.

[jairichi]

1. 2 to 4 months.

2. If she departs before a denial decision is taken she is fine. If not her B2 visa becomes void.

3. In status.