Dublin, OH asked in Immigration Law for Ohio

Q: How to apply for B2 Visa renewal while staying the USA? Unable to travel back to home country due to COVID-19

Information regarding the B2 Visitor Visa renewal for my mother while staying in the US.

She traveled to the USA in Dec 2019 and she had expected to return to India in May 2020. However, her flights were cancelled due to COVID-19, so I have applied for stay extension (I539 in progress) before the expiration of her I-94 (June 2020). Her Visa is also set to expire in August 2020.

Can you please help me with a couple of questions?

1. How should I apply for a B2 Visa renewal for my mother if she cannot make it back to India before her Visa expiration (August 2020)? My understanding that B2 Visa renewal should be done in US consulate in home country (India) and US Consulate is currently closed due to COVID-19.

2. If she cannot travel back to India before her B2 Visa expiration due to COVID-19 restrictions, are there any consequences or waivers on her future B2 Visa renewal and travel to the USA?

I appreciate your guidance .

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1 Lawyer Answer
Hector E. Quiroga
Hector E. Quiroga
  • Immigration Law Lawyer
  • Las Vegas, NV

A: All she can do while she is in the country is extend her status, and she has taken the necessary steps to do that. She can only apply for the visa out of the country. A visa only allows someone to present themselves at the country’s border to request entry. The I-94 is the controlling document once someone is in the US. It should not matter if her visa expires while she is here, and it should not impact her when she tries to renew it once she has returned to India.

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