Can B1/B2 visa holder extend his/her visa for medical reason? even has completed 6 month period.?

Question

My aunt is completing her B1/B2 I94 period end of July08 but now she can not leave US because her daughter is not well and she needs emotional support of her mom. Kindly suggest is there any way to extends her visa, being in united states?

Answer 1

Not really. Here is the instruction to file Visa Extension

You must submit an application for extension of stay, or change of status before your current authorized stay expires. We suggest you file at least 45 days before your stay expires, or as soon as you determine your need to change status. Failure to file before the expiration date may be excused if you demonstrate when you file the application that:

1. The delay was due to extraordinary circumstances beyond your control;

When Should I Use Form I-539?

NOTE: You have the option of submitting this paper version of Form I-539 according to form's instructions or you may file the application electronically. To file electronically, visit our Internet website at www.uscis.gov and follow the instructions on e-filing. Whether you submit this paper form or e-file, U.S. Citizenship and Immigration Services (USCIS) recommends that you retain a copy of your application and supporting documents for your records.

In certain situations, you may use this form to apply for an initial nonimmigrant status.

If you are filing for an extension/change, you must file your application with the original Form I-94 of each person included in your application. In addition, you must submit a written statement explaining in detail:

3. A B-1, Visitor for Business or B-2, Visitor for Pleasure

A. The reasons for your request;

B. Why your extended stay would be temporary, including what arrangements you have made to depart from the United States; and

C. Any effect the extended stay may have on your foreign employment or residency.

If you are applying for an extension/change of B-1, Visitor for pleasure, you must designate your desired status using the following classification in Part 2.1.b of Form I-539:

A. B-1A, non-immigrant who is the personal or domestic servant of a nonimmigrant employer;

B. B-1B, nonimmigrant domestic servant of a U.S. citizen;

C. B-1C, non-immigrant who is employed by a foreign airline;

D. B-1D, non-immigrant who is a missionary;

E. B-1, all other visa classifications not designated above.