Should we apply for B1/B2 extension for 2nd time while the first extension application is pending or wait for decision letter?
My mom is on a B1/B2 tourist visa and we have applied to extent her stay for another 6-months which will be March 2nd. The application is currently pending and we want to ask for another extension. Here are her visa details:
Initial visa was issued for 6 months (03.04.2015 - 09.03.2015)
We applied for extension on 07.21.2015 (requested stay till March 2nd) and the application is currently pending.
3 attorney answers
I would make an infopass to determine if the case is approved. Otherwise, I recommend your mother leave before March 2nd.
You should timely submit a new I-539 with a copy of the I-797 receipt for the first I-539. My client had the exact same issue as you. She was admitted to the United States on a B2 Visa from June 18, 2014 until December 17, 2014. We timely filed an I-539 on December 15, 2014, requesting an extension of the tourist visa until June 15, 2015. As of June 2015, no decision was made on the I-539. On June 15, 2015, I timely filed a second I-539 with a copy of the receipt for the first I-539. On November 17, 2015 I received two approval notices in the mail, one for the first I-539 and one for the second I-539. Therefore, you should timely submit a second I-539 with a copy of the receipt for the first I-539.
One issue that you should consult an immigration lawyer about are the possible consequences of unlawful presence if the application for the first I-539 is denied.
The guidance and/or advice provided herein does not create an attorney-client relationship and is for general informative purposes only, One should only take action after retaining an immigration attorney.