Q: I am here in the US on ESTA with my minor child. My parents are Green card holders. They have petitioned for our I-130.
My mother recently became mentally ill (danger to herself and to others) and I would like to know if my child and I could extend our stay to 6months, so that we can leave when she is more stabilized.
A: I am sorry to hear about your mother's health issue. To answer your question; a stay under the Visa Waiver Program (ESTA) cannot be extended, unless there is an emergency medical situation (but it must be on the part of the applicant. I do not believe your mother's medical situation qualifies for an exception). However, as you probably know, after the departure, you can re-enter the U.S. for another 90 day period. I would strongly advise that you depart, because when a priority date for your immigrant visa petition becomes current, you may experience complications in obtaining your Green Card if you previously overstayed your visa.
Sorry for not having better news.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.