Bellevue, WA asked in Immigration Law for Washington

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.

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1 Lawyer Answer
Lana Elliott
Lana Elliott
  • Immigration Law Lawyer
  • Spokane Valley, WA
  • Licensed in Washington

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.

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