| Author | Topic:
B2 visa extension Denial - how many days can my mom stay. |
ecom123
Member | 
posted
May 14, 2008 09:46 PM 
 
Hi,
My mom came here on B2 visa and she has 10 years of multiple entry Visa.
My mom I-94 card expired on Mar-11-2008. I had applied for her Visa Extension on Feb-05-2008.
On May-13-2008 I got denial in Email. Still I have not received notice in mail. May be within 1-2 days I will receive it.
My questions are
1) "Within how many legal days my mom have to leave USA?
I have an idea that legaly she can leave USA within 30 Days.
As my mom has return ticket to go back to India on June-11-2008. and this date is come within 30 days from denail notice i.e. May-13-2008.
2) Is her visa has been cancelled as It stayed here in USA after her I-94 card expired and her B2 visa extension application denied.
She has to apply for new Visitor visa in india again?
3) Will she face any probelm if she try to come here in USA after 3-5 months.
Please advice me to get clear idea about it.
Thanks.
Ashish.
Posts:
19 | Registered: August 19, 2007 |
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Suprano
Member |
posted
May 15, 2008 09:55 AM
1. She should leave ASAP.
2. Yes her visa become invalid due to overstay. Next time she must obtaion visa from home country.
3. She might face additional questions.
Unless you have storng reasons 3-5 months are too early to apply again.
[QUOTE]Originally posted by ashish_p:
Hi,
My mom came here on B2 visa and she has 10 years of multiple entry Visa.
My mom I-94 card expired on Mar-11-2008. I had applied for her Visa Extension on Feb-05-2008.
On May-13-2008 I got denial in Email. Still I have not received notice in mail. May be within 1-2 days I will receive it.
My questions are
1) "Within how many legal days my mom have to leave USA?
I have an idea that legaly she can leave USA within 30 Days.
As my mom has return ticket to go back to India on June-11-2008. and this date is come within 30 days from denail notice i.e. May-13-2008.
2) Is her visa has been cancelled as It stayed here in USA after her I-94 card expired and her B2 visa extension application denied.
She has to apply for new Visitor visa in india again?
3) Will she face any probelm if she try to come here in USA after 3-5 months.
Please advice me to get clear idea about it.
Thanks.
Ashish.[/QUOTE]
Posts:
853 | Registered: April 06, 2007 |
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JoeF
Member |
posted
May 15, 2008 12:19 PM
I agree with everything Suprano said.
What was the reason for the denial?
Posts:
23656 | Registered: January 07, 2004 |
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t75
Member |
posted
May 15, 2008 04:25 PM
She should remain outside the country at least as long as she was here, preferably longer. Shew should absolutely NOT return in 3-5 months.
Returning in less time makes it look like she is trying to live here or babysit.
Posts:
3217 | Registered: March 06, 2008 |
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ecom123
Member |
posted
May 18, 2008 10:55 AM
Thanks all of you for your valuable answer.
I received letter from USCIS yesterday.
The denial reasons are as below.
1) The Applicant has not established that she has no intention of abandoning her foreign residency.
2) Applicants does not have sufficient financial resources to support themselves for proposed period of stay.
My mom has written that her son will take care of my all expense as I am staying with him and she also mentioned her return date but did not attached copy of confirmed return ticket.
Also in the letter from USCIS they have written
"USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of Form-I539 leaves you without lawful immigration status and you are now present in the United States in violation of the law. You are required to depart the USA within 30 days from the date of this decision, or be subject to removal proceeding. Remaining in the United States beyond this time will also affect your ability to return to the US. "
I think and hope my mom multiple entry visa of 10 years will not be cancelled and she will not face any difficulty when she come back after 4-5 months.
Please correct me if I am thinking wrong.
Thanks.
Ashish
Posts:
19 | Registered: August 19, 2007 |
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mtadha
Member |
posted
May 20, 2008 08:43 AM
Notice from USCIS clearly indicates your mom has 30 days time to leave USA, though her extended stay here could be considered as violation of law. Her VISA would still be Valid.
I suggest her to leave USA ASAP to minimize the unlawful stay.
If she try to enter in USA after 3-4 months, chances are high she will face some strong questions at Port of entry or may be denied to enter in USA eventhough she has 10 years VISA.
Posts:
561 | Registered: April 10, 2008 |
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t75
Member |
posted
May 20, 2008 09:09 AM
Based on the reasons for the denial, she absolutely should not try to return anytime soon! She certainly should NOT return in 4 to 5 months.
She risks being denied entry and having her visa revoked as it has been noted that they suspect that she is trying to live in the US on her visitor's visa.
She should remain in her home country at least as long as she was here, preferably longer.
What about the denial letter do you not understand! It is quite obvious that she has been red flagged as abusing her visitor's visa.
Posts:
3217 | Registered: March 06, 2008 |
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Suprano
Member |
posted
May 21, 2008 08:24 AM
No one is trying to spread any fear here.
Under INA 222(g) Non-immigrant visa is cancelled if alien overstays.
If someone filed timely extension but it is denied and He/She still in US then it is clearly an overstay.
30 day period is given for her to leave voluntarily before a removal procedure is initiated.
[QUOTE]Originally posted by rsamir:
There are many people who are spreading this fear that 10 year multiple entry will get cancelled. Please ignore all such postings. As long as your mom leaved within 30 days, nothing will happen to her VISA.
For others, write only if you have experienced do not spread fear rumor.
I have done extensions in the past and even after denails nothings has happened to 10 year VISA as long as you leave within 30 days[/QUOTE]
Posts:
853 | Registered: April 06, 2007 |
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hagar
Member |
posted
May 21, 2008 02:51 PM
Back in 2000, USCIS/INS changed its Policy on Visa Voidance Under INA 222(g). Based on that change in policy, in the case of the OP, if his mother departs the USA within 30 days(as per the denial letter) from the date of the decision, her stay will be considered legal and her multiple entry visa will not be void.
Also, please keep all documentation(denial letter, copy of I-94, copy of boarding pass for return flight etc.,) for the future.
[This message was edited by Admin on May 21, 2008 at 06:39 PM.]
Posts:
3 | Registered: May 21, 2008 |
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JoeF
Member |
posted
May 21, 2008 04:57 PM
[QUOTE]Originally posted by ashish_p:
I think and hope my mom multiple entry visa of 10 years will not be cancelled and she will not face any difficulty when she come back after 4-5 months.
Please correct me if I am thinking wrong.[/QUOTE]
You are wrong. With an overstay, the visa is automatically canceled.
Posts:
23656 | Registered: January 07, 2004 |
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JoeF
Member |
posted
May 21, 2008 04:59 PM
[QUOTE]Originally posted by rsamir:
There are many people who are spreading this fear that 10 year multiple entry will get cancelled. Please ignore all such postings.[/QUOTE]
This is the fact, even if you don't like it.
[QUOTE]As long as your mom leaved within 30 days, nothing will happen to her VISA.[/QUOTE]
Wrong. The overstay automatically cancels the visa.
[QUOTE]I have done extensions in the past and even after denails nothings has happened to 10 year VISA as long as you leave within 30 days[/QUOTE]
Wrong. Nothing happens if it is NOT an overstay. But in this case it is, and therefore, the visa is canceled. That's in the law.
May I suggest learning about the law???
Posts:
23656 | Registered: January 07, 2004 |
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JoeF
Member |
posted
May 21, 2008 05:00 PM
[QUOTE]Originally posted by mtadha:
Notice from USCIS clearly indicates your mom has 30 days time to leave USA, though her extended stay here could be considered as violation of law. Her VISA would still be Valid.[/QUOTE]
The stay in the US has nothing to do with the visa.
The visa is invalid due to the overstay. That's automatic.
[QUOTE]If she try to enter in USA after 3-4 months, chances are high she will face some strong questions at Port of entry or may be denied to enter in USA eventhough she has 10 years VISA.[/QUOTE]
Since the visa is invalid now, she will have a lot of problems at the POE. She needs a new visa.
Posts:
23656 | Registered: January 07, 2004 |
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ecom123
Member |
posted
May 21, 2008 09:46 PM
Hi,
Thanks everyone for sharing your knowledge and experience. After reading reply from members I become more confuse.
I have read some of other forums also and came to know that some of the people were able to get reentry of 4-6 months again after received denial from USCIS on their extension application of previous stay in USA on Visitor visa B2.
Some members say that my mom visa cancelled under 222(g) but letter from USCIS is not saying anything about my mom Visa cancellation. Denial letter has been written on May-13-2008 and they have mentioned that my mom should leave USA within 30 days and she will not leave USA within 30 days then she will face problem second time when she will come again in USA.
As they have not mentioned anything about 222(g) so I think her visa will not cancelled and she will not have to apply for new visa.
At the same time some members says that my mom visa has been cancelled as she over stayed in USA although she has applied for extension and she had not received denial letter till May-12-2008 and She is leaving USA on May-28-2008 which is within 30days limit given by USCIS in their denial letter.
So I am confused what is right?
I really appreciate if someone clears my confusion.
Thanks.
Ashish.
Posts:
19 | Registered: August 19, 2007 |
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mtadha
Member |
posted
May 22, 2008 09:04 AM
Well, Best thing would be to consult an attorney and discuss the matter.
Posts:
561 | Registered: April 10, 2008 |
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hagar
Member |
posted
May 22, 2008 11:45 AM
222(g) applies to people who enter the USA on a non immigrant visa and remain beyond their authorized period of stay and are therefore subject to having their visa automatically voided. This does not apply for people who have filed a timely and non frivolous extension or have filed a change of status application.
In this case the OP's mother filed an application for extension before the expiration date on the I-94, therefore she is lawfully allowed to stay until the date requested or the date given(whichever is earlier) by USCIS in their decision. In this case USCIS has denied the extension request, and has also provided a date to depart the USA.
It is advised that the OP's mother should leave at the earliest and not take full advantage of the 30 days time frame that has been given on the denial. This is to avoid hassles in future, both at POE or for future visas at a US consulate. Also, important to keep all documentation with respect to the denial(denial letter, boarding pass etc.,) to prove to CBP that you followed the rules, without which the next time she enters, the CBP officer may think she unlawfully overstayed her visit.
Also, very important to remember that a "visitor" should spend more time at home, and less time "visiting" the US. Coming back after 4-5 months will definitely create problems at POE.
Posts:
3 | Registered: May 21, 2008 |
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Suprano
Member |
posted
May 22, 2008 01:30 PM
Where are you reading my friend? Which policy change are you talking about. Give specific date or at leat month and year when INS did change the policy?
Perhaps the change you are talking about is for those who filed timely COS/EOS and stays beyond I-94 date but departed before the decision was made by USCIS.
Also if someone claims to have used such voided visa that only means an error and the person just got lucky thats all. It doesn't change the law for rest of us.
[QUOTE]Originally posted by hagar:
222(g) applies to people who enter the USA on a non immigrant visa and remain beyond their authorized period of stay and are therefore subject to having their visa automatically voided. This does not apply for people who have filed a timely and non frivolous extension or have filed a change of status application.
In this case the OP's mother filed an application for extension before the expiration date on the I-94, therefore she is lawfully allowed to stay until the date requested or the date given(whichever is earlier) by USCIS in their decision. In this case USCIS has denied the extension request, and has also provided a date to depart the USA.
It is advised that the OP's mother should leave at the earliest and not take full advantage of the 30 days time frame that has been given on the denial. This is to avoid hassles in future, both at POE or for future visas at a US consulate. Also, important to keep all documentation with respect to the denial(denial letter, boarding pass etc.,) to prove to CBP that you followed the rules, without which the next time she enters, the CBP officer may think she unlawfully overstayed her visit.
Also, very important to remember that a "visitor" should spend more time at home, and less time "visiting" the US. Coming back after 4-5 months will definitely create problems at POE.[/QUOTE]
Posts:
853 | Registered: April 06, 2007 |
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hagar
Member |
posted
May 22, 2008 02:56 PM
Please ask the Admin for the specifics, because my first post with some specifics about where/when was edited.
Posts:
3 | Registered: May 21, 2008 |
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Suprano
Member |
posted
May 28, 2008 07:14 AM
In Jun 99 State Department issued a "CONSOLIDATED SUMMARY OF INA 222(G) GUIDANCE"
See I can post (hopefully) related subject and the date when it was announced by State dept.
Posts:
853 | Registered: April 06, 2007 |
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ecom123
Member |
posted
November 06, 2009 09:16 AM
Hi All,
My mom re-enter in USA again after she got denial letter of extension last time.
She came back after 12 months and got six months stay this time.
Her visa is not cancelled as many members said. So if you got denial letter and leave USA asap and come back after 6-7 months then it will not create problem.
I hope this information help to clear confusion that if you got denial letter then your multiple visa is cancel.
Posts:
19 | Registered: August 19, 2007 |
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JoeF
Member |
posted
November 06, 2009 11:27 AM
[QUOTE]Originally posted by ecom123:
Hi All,
My mom re-enter in USA again after she got denial letter of extension last time.
She came back after 12 months and got six months stay this time.
Her visa is not cancelled as many members said.[/QUOTE]
It IS canceled automatically if the person overstayed. If she used the visa despite that, she committed immigration fraud.
Posts:
23656 | Registered: January 07, 2004 |
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ecom123
Member |
posted
November 06, 2009 08:27 PM
[QUOTE]
It IS canceled automatically if the person overstayed. If she used the visa despite that, she committed immigration fraud.
[/QUOTE]
JoeF I respect your knowledge and experience. You advice people in their problem and show them right direction.
My mother is not first person who came like this. When you apply for your visitor visa extension you can stay legally after I-94 expire and waiting reply for your extension application. If it comes as denial then you have to leave country with in 30 days. If you stay beyond 30 days then it is illegal and you are not able to come again in USA. If your multiple visa get cancelled if your extension application denied then no one will apply extension. It is a common sense that denial is for your extension not for your multiple visa if you leave country with in 30 days after denail notice date.
I am surprised that when people leave USA and when they return I-94 card for check in they do not inform officer about this over stay and they let people go out without making any note in their passport or in computer system and when this person come again after 7-9 months officer at POE let them enter in USA with six months stay. I believe that officer at POE do not have proper knowledge that it is immigration fraud.
The word you used here "Immigration Fraud" is not proper and what you believe is not true. I am afraid that what you think and believe is not true.
I just written what I have faced and experienced.
Again note that my mother is not only 1 person or exception who came again on her multiple visitor visa after getting denial letter of her visa extension in her previous visit.
Posts:
19 | Registered: August 19, 2007 |
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pontevecchio
Member |
posted
November 07, 2009 08:53 AM
please read the Information used by the State Department in this site
http://www.state.gov/documents/organization/87023.pdf
If the site is blocked by admin look up
9 FAM 40.68 EXHIBIT I
SUMMARY CHART INA 222(G)
SCENARIOS
Posts:
11794 | Registered: September 18, 2008 |
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t75
Member |
posted
November 07, 2009 12:17 PM
Enforcement of the specific of laws changes over time due to rulings and directives to the various officers. Just because it did or did not occur in a particular way in the past does not mean that is not the current or potentially the future procedure. As loopholes in the laws are identified, they are addressed.
Posts:
3217 | Registered: March 06, 2008 |
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JoeF
Member |
posted
November 07, 2009 03:40 PM
[QUOTE]Originally posted by ecom123:
[QUOTE]
It IS canceled automatically if the person overstayed. If she used the visa despite that, she committed immigration fraud.
[/QUOTE]
JoeF I respect your knowledge and experience. You advice people in their problem and show them right direction.
My mother is not first person who came like this. When you apply for your visitor visa extension you can stay legally after I-94 expire and waiting reply for your extension application.[/QUOTE]
Correct.
[QUOTE]If it comes as denial then you have to leave country with in 30 days.[/QUOTE]
That depends.
[QUOTE]If you stay beyond 30 days then it is illegal and you are not able to come again in USA. If your multiple visa get cancelled if your extension application denied then no one will apply extension. It is a common sense that denial is for your extension not for your multiple visa if you leave country with in 30 days after denail notice date.[/QUOTE]
Sorry, that is NOT quite correct.
While CIS may grant the person 30 days to leave the country, the visa is invalid if the person is in the country with no pending COS/EOS application after the I-94 expiration.
Lots of people got denied entry when they tried to use their now invalid visa.
It is common sense, btw, for a visitor to leave the country before the I-94 expires. Most visitors do not file extensions.
[QUOTE]The word you used here "Immigration Fraud" is not proper and what you believe is not true. I am afraid that what you think and believe is not true. [/QUOTE]
I am afraid YOU are wrong. Please look up the law.
A person using an invalid visa to enter the US commits immigration fraud. Period.
[QUOTE]I just written what I have faced and experienced.[/QUOTE]
And I tell you what the law says. Your mother may have had luck that the officer at the POE didn't check things in detail, but she may end up getting into lots of problems later on.
Again, it is a REALLY BAD idea to reuse the visa in a situation like your mother had.
[QUOTE]Again note that my mother is not only 1 person or exception who came again on her multiple visitor visa after getting denial letter of her visa extension in her previous visit.[/QUOTE]
That does NOT matter at all. Lots of people speed. That doesn't mean that you can get out of your speeding ticket. What other people do and what they may get away with for a while has no bearing at all. Your mother used an invalid visa. That's a very serious issue.
Posts:
23656 | Registered: January 07, 2004 |
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