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Parents' extension or stay denied - Is B2 visa void?

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  • Parents' extension or stay denied - Is B2 visa void?

    This is a question to Mr. Khanna. Others feel free to respond provided you know the US immigration laws very well.

    My parents have a 10 year multiple entry B2 visa which is valid until 2015. There were recently here in the US from December 2008 to July 2009. I wanted to extend their stay so I filed an extension of stay in 3rd week of April 2009 about 40 days before their I-94 expiration date (June 2, 2009).
    I-539 was denied and received a letter from USCIS on July 6th saying they have 30 days from June 27th 2009 to leave the country otherwise face deportation. They left the country on 7/10/2009.

    My question is “Is their multiple entry B2 still valid?”. I am seeing so many people say that once you are out of status the B2 visa automatically become void, but there are others who disagree. There is nothing on the USCIS web site that says your visa would become void if you leave the country within the demanded period of time (30 days). My point is, they have not done anything illegal during their stay. They had followed the process correctly by asking for an extension of stay, which when rejected they left the country as soon as possible. So how could the B2 technically become void?

    Mr. Khanna could you please throw some light on my problem here? Maybe you could point me to a USCIS website that explains this clearly because I couldn’t find anything online and I don’t want to rely on people who say things out of speculation. When I called USCIS their Cust reps didn’t have much knowledge about this.

    Thanks a lot.

  • #2
    222(g) is enforcible at the POE, but is under the discretionary powers of the admitting officer.

    Originally posted by freebirdatlast View Post
    My question is “Is their multiple entry B2 still valid?”.
    Regards,
    S K Ghori
    skg@vex.net
    http://www.vex.net/~skg/

    **NOTE**
    I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

    **DISCLAIMER**
    I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

    Comment


    • #3
      Thanks. USCIS web site clearly states that 222(g) is applicable if you are in the country illegally or if you are out of status.
      My understanding is when you apply for extension of status, you are still in status until extension is denied. That's why USCIS gives you a grace period of 30 days to get the hell out of the country.
      So if you have followed their process and waited to get a response and left
      almost immediately, how would 222(g) be applicable to you?

      Comment


      • #4
        The denial letter mentions the 30 days to depart gracefully, before any possible deportation. The visa belongs to the State Department, and not the Department of Homeland Security.

        Originally posted by freebirdatlast View Post
        So if you have followed their process and waited to get a response and left
        almost immediately, how would 222(g) be applicable to you?
        Regards,
        S K Ghori
        skg@vex.net
        http://www.vex.net/~skg/

        **NOTE**
        I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

        **DISCLAIMER**
        I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

        Comment


        • #5
          I agree Visa is issued by Dept. of State and their website clearly states that as long as you have applied for an extension of stay, your visa is not automatically canceled.
          http://travel.state.gov/visa/temp/info/info_1298.html
          That's why if denied, they give you 30 days to leave although it is never clearly mentioned what will happen to your Visa if you don't.

          Comment


          • #6
            As I said before, the 30 days are given to gracefully depart. That does nothing to change the fact that the visitor, with a denied I-539, has overstayed his/her authorized stay. Why do you think it is so important to file an I-539 only when there is a genuine life/death situation?

            Originally posted by freebirdatlast View Post
            That's why if denied, they give you 30 days to leave although it is never clearly mentioned what will happen to your Visa if you don't.
            Regards,
            S K Ghori
            skg@vex.net
            http://www.vex.net/~skg/

            **NOTE**
            I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

            **DISCLAIMER**
            I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

            Comment


            • #7
              Here is the deal.... A visa doesn't become void because you are out of status. The department of state has confirmed that their Visa is not void.

              So this is a message to all who are wondering about the status of the visas of their parents or loved ones whose I-94 extension was denied and they were temporarily out of status before leaving the country.

              I'm good now. I wish I had called the state department long ago....
              Thanks for your response 3pl citizen.

              Comment


              • #8
                That is good. The only issue is, the officer who may enforce 222(g), does not work for the State Department.

                Originally posted by freebirdatlast View Post
                Here is the deal.... A visa doesn't become void because you are out of status. The department of state has confirmed that their Visa is not void.
                Regards,
                S K Ghori
                skg@vex.net
                http://www.vex.net/~skg/

                **NOTE**
                I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

                **DISCLAIMER**
                I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

                Comment


                • #9
                  That is a possibility. That's why they say keep all documents on hand when entering the country the next time. I recently checked with a friend and his parents were able to re-enter the US with the same Visa after they were out of status for a couple of weeks.
                  But as you say if the officer at POE is a dick-head he can deny entry.

                  Comment


                  • #10
                    I did not use those words, nor did I suggest that. Using one's discretionary power does not make one the clourful terminology you have used.

                    Originally posted by freebirdatlast View Post
                    But as you say if the officer at POE is a dick-head he can deny entry.
                    Regards,
                    S K Ghori
                    skg@vex.net
                    http://www.vex.net/~skg/

                    **NOTE**
                    I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

                    **DISCLAIMER**
                    I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

                    Comment

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