Caring for a relative that is ill

[Sean]

My Mother in law who is from Japan is staying with us while she is recovering from depression. At first we thought that she would stay for two months but she seems to be making significant gains in her recovery and we want to postpone her return back home. She has approximately 30 days left on her current visa and we would like to extend her visa for another 30 to 45 days after that. Is leaving the country such as going to Mexico then coming back the best way? Is there a particular status that applies to caring for a relative that we may qualify? Ideas or advice would be appreciated.
Thanks

[Sean]

My Mother in law who is from Japan is staying with us while she is recovering from depression. At first we thought that she would stay for two months but she seems to be making significant gains in her recovery and we want to postpone her return back home. She has approximately 30 days left on her current visa and we would like to extend her visa for another 30 to 45 days after that. Is leaving the country such as going to Mexico then coming back the best way? Is there a particular status that applies to caring for a relative that we may qualify? Ideas or advice would be appreciated.
Thanks

[federale86]

You can request satisfactory departure for 30 days extension of the 90 days admission from the Deferred Inspection Office of Customs and Border Protection that has jurisdiction over your place of residence. During the period of time she was admitted, she cannot leave to a contiguous country or Caribean Island (e.g. any western hemisphere country) and get another 90 days. She can only get another 90 days if she leaves and does not return during the period of her initial admission. Any quick return after staying 90 days will be suspicious. If she wants to stay more than 90 days, she needs to obtain a tourist visa at an American embassy or consulate in Japan, then she can stay more than 90 days. You will have to show that she is not working here or using public benefits, like health care or got a US driver's license or ID card.

[ProudUSC]

Hi Sean and welcome,

The best scenario would be for your MIL to honor her visa and go back to her home country to continue therapy. Can your wife travel back with her?

[SunDevilUSA]

Sean: Why would you want your mother-in-law to go anywhere near Mexico...especially in her already-depressed state? That would be a sure-fire way to undo any progress that she has made in her recovery!

[Sean]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ProudUSC:
Hi Sean and welcome,

The best scenario would be for your MIL to honor her visa and go back to her home country to continue therapy. Can your wife travel back with her? </div></BLOCKQUOTE>
This would be the goal. But we need the additional time for the kids to finish school, Summer vacation.

[ProudUSC]

Go here for more information on filing for an extension, Sean. You need to do this immediately as it does state you have to file in advance of visa expiration. Good luck and I hope your mother in law is soon back in good health.

[federale86]

You can't extend visa waiver entry with CIS. You can only get satisfactory departure from CBP.

[Sean]

In reading the instructions, it appears that if you are admitted under the Visa Waiver Program that you may not be granted an extension or change of status (Page 5, Who May Not File This Form I-539) Is this correct?

[federale86]

You cannot get an extension of admission on the Visa Waiver Program. However, under certain circumstances, Customs and Border Protection (CBP) will give you an extra 30 days. That is called satisfactory departure. You get that from a CBP Deferred Inspection Office. See the link for the Deferred Inspection Offices.

http://www.cbp.gov/linkhandler...inspection_sites.pdf

[Sean]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by federale86:
You can't extend visa waiver entry with CIS. You can only get satisfactory departure from CBP. </div></BLOCKQUOTE>
Are there any instructions on how to do this? Do I need to go the the local CBP office?
Thanks
8 CFR § 217.3 Maintenance of status. 217.3(a)
Satisfactory departure.
"...the district director having jurisdiction over the place of the alien's temporary stay may, in his or her discretion, grant a period of satisfactory departure not to exceed 30 days.....

[federale86]

That is it. But the regs refer to INS, just remember, that USCIS and CBP are separated. CBP still has jurisdiction over satsifactory departure, so you must go to a CBP Deferred Inspection Office having jurisdiction over your place of residence. Remember, this is an application made orally, no form to fill out on your side. CBP is not obliged to approve and the only appeal is to the CBP District Director or his designee, usually the Chief Inspector. Have documentation to show.

[dev199108]

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