Extension Denied- Now what?

V

Vandy

Registered Users (C)
My in-laws extension is denied. We haven't received the letter yet but we checked the status online.

1) How much time do they have before they can leave? 2weeks/1 month...?(we haven't received the actual letter in the mail yet)

2)My MIL stayed over a month her 6 month stay, and my FIL is ok for now-his 6 month stay gets over on Feb 5th, but both are denied the extension. What happens when she visits the US again? They have a 10 yr multiple visit visa.

3) Has anyone ever appealed a denial?

Thanks in advance,

Vandana
 
Vandy said:
My in-laws extension is denied. We haven't received the letter yet but we checked the status online.

1) How much time do they have before they can leave? 2weeks/1 month...?(we haven't received the actual letter in the mail yet)


2)My MIL stayed over a month her 6 month stay, and my FIL is ok for now-his 6 month stay gets over on Feb 5th, but both are denied the extension. What happens when she visits the US again? They have a 10 yr multiple visit visa.

3) Has anyone ever appealed a denial?

Thanks in advance,

Vandana
Click to expand...


If a person's I-94 has expired they will have 30 days after which they become deportable. For your MIL she will have to leave within 30 days. Normally as per rule 222(g) the 10 yr visa becomes void if the person had stayed past the I-94 date and the extension request is denied. The next visit is upto the officer at the POE on how he/she enforces this rule. Some people have come back, some were given restricted stay and for some the visa was cancelled and sent back. No one can predict the outcome.

As for your FIL he can stay till his I-94 expires. His extension denial will NOT have any effect on his visa bcos his original I-94 is still valid. He needs to leave before the original I-94 expires.


Consider this a lesson learnt, never apply for extension if you don't have a very valid reason.
 
The CIS generally allows you 30 days to depart the U.S. starting from the date on the letter notifying you of their decision to deny an extension. If you do not depart within 30 days, you will be considered deportable. The CIS cautions that if you are refused permission to extend your stay, you may encounter problems with Consulates overseas the next time you apply for a U.S. visa because their computer records will indicate that you did not leave the U.S. within the time frame of your intial period of entry. Be sure to keep your rejection letter and proof of the date of your departure (a boarding pass is the best thing, but passport stamps showing entry into another country is also helpful) to give the consulate the next time you apply for a new visa. Having those may mitigate your apparant overstay and could improve your chances of renewing your visa without the five year restriction usually applied to people that have overstayed their visit.
 
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