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Trying to extend B2 Visa during pandemic

US Visa Extension

I (US Citizen) and my husband (Thai citizen) have been stuck in the US since Thailand shut down its borders. We were supposed to go back in April. Last month, Thailand slowly started allowing some people back in through reparation flights but it’s really packed and difficult and the Thai embassy requested that people who could stay longer to do so. This would allow more time sensitive cases to go first. We decided to try to extend husbands US tourist visa because we have family here and a place to stay. After reading the application, it requested that we apply 45 days before the expiration in order to receive a response. We applied and paid $500 to file. Well fast forward to now, a month later. They are saying that the wait time for an answer is ...5 months!!!! How can that be? When I asked about this, I got this answer: "Lawful nonimmigrant status ends, and you are out of status, when Form I-94 expires, even if you have timely applied to extend your nonimmigrant status. Generally, as a matter of discretion, USCIS will defer any removal proceedings until after your application is adjudicated. Nevertheless, DHS may bring a removal proceeding against you, even if you have an application for extension of status pending." Basically telling me that they are under no obligation to give us an answer (deny or grant) before his visa is up.

This cannot be the case. I know America is fucked up and immigration policies are at their worst but seriously. Is this really the case under COVID-19? No exceptions or allowances made? Any legal advice would be nice.

submitted by /u/megadara
[link] [comments]

source https://www.reddit.com/r/immigration/comments/i6c1dr/trying_to_extend_b2_visa_during_pandemic/
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