Ashburn, VA asked in Immigration Law for Illinois

Q: On B2 visa for 6 months. Visa expires soon after that. What to do now in this situation?

My in-laws came to the US for a visit from India on their B2 visa in February 2020. They can stay till August 2020. They have a return ticket but due to Covid issues, there's no flight service by that airlines right now. India is yet to resume international travel. I understand that we can usually extend their stay for another 6 months by applying with USCIS. But unfortunately their 10 year B2 visa expires in October 2020. If the flights don't resume by then, what option do they have to stay back till its safe to go back without getting into an out-of-status situation.

[Just to add - India once in a while does send its national carrier - Air India for getting stuck citizens back home - but a few issues with that -

1. Need to take a new ticket with full round trip price for that,

2. No direct flight to home but to another state and need to be quarantined there or if lucky have to take a few flights to get to the actual destination.

3. My in-laws are over 60s (so risk of Covid)]

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1 Lawyer Answer
Ify Princess Ikeakanam
Ify Princess Ikeakanam
Answered
  • Immigration Law Lawyer
  • Charlotte, NC

A: Hello, if your spouse is a U.S citizen, consider petitioning for your parents to adjust status to green card holder so they can stay in the U.S freely without the need to travel back.

Applying for a renewal of B2 Stay may be your best bet in this situation. Covid 19 is definitely a valid reason for extending stay and you can provide all the reasons including their age as to why it is unsafe to travel back.

Please keep in mind that this is not legal advice. Contact me for a consultation on green card process or visa renewals and I can help.

Cheers!

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