QUESTION
I came with a visa waiver from France (I am French) but the patrol officer changed it to a B2 visa on a I-193 form
Asked on Aug 09th, 2018 on Immigration - Florida
More details to this question:
I came as a visitor in America on July 1st 2018, and because I have had a brain aneurysm surgery in USA on October 2013 on emergency. Because of this and complications my doctor wrote to the US immigration and asked for extension and it was approved 3 times until I could leave the country safely. But, when I came back on July 1st 2018, a border officer refused my waiver visa and changed it to a B2 visa on a I-193 form where it says: FEE WAIVER APPROVED Question 1: Is this change legal and am I really now in the US UNDER THIS B2 VISA ? In this case I would like to extend my stay, which is stamped for a stay until September 30, 2018), for a farther date, 6 months or more if possible. I am afraid that when I go back to France, I couldn't come anymore in the USA with a visa waiver (that is what this patrol officer said), and the embassy might call my "legal overstay" an illegal overstay.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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Customs and Border Protection inspectors can do what the officer did in your case. You are allowed to apply for an extension if you desire since you are no longer under the the visa waiver program, but would take the risk that if the application for an extension is denied after September 30, 2018, you would find it even more difficult to come into the country under either the visa waiver program or a nonimmigrant visa. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Sep 07th, 2018 at 6:06 PM