Is 10 year BI Visa Canceled with rejection of extension?

S

srag

Registered Users (C)
Hi,

I heard that if an extension for a B1( Visitor ) Visa is denied, and the person leaves the country after the expiry of the I-94( assuming he was waiting for the extension decision and leaves immediately after the denial) , the 10 Year B1 visa is automatically cancelled as per INA 222(g). However I found the following article which says that the INS has changed its policy so that, as long as the person applied for the extension before the expiry of the I-94, INA 222(g) does not apply and he is fine.

The link is below

http://library.lp.findlaw.com/artic...rationlaw_1_641



Can you please confirm that based on the above link, my understanding is correct - i.e the 10 year B1 visa does not get automatically revoked, provided
the person applied for the extension in time and left the country as soon as the visa was denied.
Which would hopefully mean that the person should not have any issues re-entering the US with the existing 10 year B1 visa.


Thanks,
SR
 
Last edited by a moderator:
srag said:
Hi,

I heard that if an extension for a B1( Visitor ) Visa is denied, and the person leaves the country after the expiry of the I-94( assuming he was waiting for the extension decision and leaves immediately after the denial) , the 10 Year B1 visa is automatically cancelled as per INA 222(g). However I found the following article which says that the INS has changed its policy so that, as long as the person applied for the extension before the expiry of the I-94, INA 222(g) does not apply and he is fine.

The link is below

http://library.lp.findlaw.com/artic...rationlaw_1_641



Can you please confirm that based on the above link, my understanding is correct - i.e the 10 year B1 visa does not get automatically revoked, provided
the person applied for the extension in time and left the country as soon as the visa was denied.
Which would hopefully mean that the person should not have any issues re-entering the US with the existing 10 year B1 visa.


Thanks,
SR
Click to expand...
please all you gurus throw lite on this its very imp, as i am planning to apply.for extension
 
Can you please post the link article on this board, if i use the link , it is going

srag said:
Hi,

I heard that if an extension for a B1( Visitor ) Visa is denied, and the person leaves the country after the expiry of the I-94( assuming he was waiting for the extension decision and leaves immediately after the denial) , the 10 Year B1 visa is automatically cancelled as per INA 222(g). However I found the following article which says that the INS has changed its policy so that, as long as the person applied for the extension before the expiry of the I-94, INA 222(g) does not apply and he is fine.

The link is below

http://library.lp.findlaw.com/artic...rationlaw_1_641



Can you please confirm that based on the above link, my understanding is correct - i.e the 10 year B1 visa does not get automatically revoked, provided
the person applied for the extension in time and left the country as soon as the visa was denied.
Which would hopefully mean that the person should not have any issues re-entering the US with the existing 10 year B1 visa.


Thanks,
SR
Click to expand...
 
The link again is

http://library.lp.findlaw.com/artic...tment of Status/filename/immigrationlaw_1_641


And the article is below


INS Changes its Policy on Visa Voidance Under INA 222(g) for Aliens Who Have Filed Timely Extension or Change of Status Applications
Cooley Godward LLP
By Lance Director Nagel
INS Changes its Policy on Visa Voidance Under INA 222(g) for Aliens Who Have Filed Timely Extension or Change of Status Applications

In a very welcome development, the INS has announced in a recent field memorandum that it has revised its policy with respect to the automatic voidance of nonimmigrant visas under section 222(g). This change in policy affects persons issued B, H, L and O visas as well as other nonimmigrant visas.

Section 222(g) provides that an alien who was admitted on a nonimmigrant visa and who remains in the United States beyond the authorized period of stay becomes subject to 222(g). When the alien is subject to section 222(g), his or her nonimmigrant visa becomes automatically void at the conclusion of the authorized stay. Aliens who remain in the United States beyond the authorized period of stay also accrue unlawful presence towards the three and ten year bars under Section 212(a) of the INA.

Previously, the INS had considered nonimmigrants who had filed timely extension of stay or change of status applications but had departed the United States after the expiration of their nonimmigrant periods of stay, but before the approval of their extension or change of status applications, to be subject to 222(g). This policy was particularly damaging to nonimmigrants in B status, given the lengthy processing time for B extension applications.

The INS, in cooperation with the Department of State ("DOS"), has revised its interpretation of "remain in the United States beyond the period of stay authorized by the Attorney General" for unlawful presence and the automatic voidance of nonimmigrant visas under section 222(g). The INS will now consider as a period of stay authorized by the Attorney General the entire period during which a timely filed and nonfrivolous extension or change of status application has been pending with the Service, provided the alien has not engaged in any unauthorized employment. This authorized period of stay will continue until the date the INS issues a decision approving or denying the application.

The practical effect of this new interpretation is that nonimmigrants who timely file extension of stay or change of status applications and subsequently depart the United States after their initial period of stay expires, but before the extension or change of status is granted, will no longer have their visas voided under Section 222(g).

All further developments with respect to Section 222(g) will be closely monitored by the Cooley Godward LLP Immigration Practice Group. I

Immigration Law
 
It means that if someone leaves with pending application even after I-94
expires, the visa is not void.
But this explanation is missing a important point, that if the applcation is
subsequently approved - the visa is fine, even if one had left the US
with pending application.

But if application is denied and you have overstayed your I-94- The visa
is still void.
The explanation in the link is incomplete.

random.
 
Dear, you have been posting this information and question on many websites and everyone is giving same answer.

If your extension is denied, your 10 year visa is void.

No matter whether you like or not, the fact is not going to change. Please understand.


No legal advice. Use at your own risk.
 
I called the INS service center

I called the INS service center once and the Customer service rep told me it would not be voided.

Called again and read out the 222 G to another Customer Service rep and he told me the same. I asked again, He transfered me to his superviser. I read the same to the supervisor and she told me the Visa would not be voided if the appllicant stayed beyond the date on the I-94 and extension was denied.

She emphasized that it is very important to leave the country immediately on reciept of the denial notice.
 
RaviShankar22 , you are completely wrong, please read the law before giving your openion.. The visa will not be voided if you leave the country as soon as you receive the denied letter .

This is really good law as far as i am concerned.
 
as soon as?

How you interpret "as soon as". I have applied for my mother in law extension. Her I 94 is already expired. Now if they refuse extension. What will be time line in days or hours and when that time line start for her to go back? 72 hours ,One day, one week.

One need time to arrange and leave. It depends on availability of seat with airlines.

And how one knows whether her B visa is void then or not? Until she travel again to USA and at POE she will know they this visa is no longer valid.

That is very risky.

Is there any way one can find out. Does USCIS void the stamped visa when they refused for extension?
 
If you applied for an extension prior to the expiration date of your I-94, your visa will not be cancelled even if you are denied an extension. If you receive a denial letter, you must depart the USA within a "reasonable" period of time. A "reasonable" period of time is up to the CBP officer on your next trip to the USA. Usually a period of no more than 30 days of the denial notice is consider "reasonable".
 
THanks

Hi Rocky,

I have applied 45 days before expires. Pl share with me if you know any where written statement or some thing else.

So that I can go and print and my e In-laws can carry with them while entering POE.

Is there any way one can varify whether stamped visa is valid before coming to POE. So one can avaoid travel till USA just to get kick out.

Thanks
 
Hi Rocky7,

Can you share more info on extension denial after I94 period.
Do you know any place where we get some written law or do you know somebody who was denied after I94 expiry but was able to successfully enter US next time on same 10 yrs visa.

Thanks
 
roneedonee;

As long as USCIS received your application for Ext. on or before the date allowed on your entry stamp you will be okay. All our agency laws and enforcement procedures are in "INSERTS" and also in memos, these enforcement procedures are are avialable to the public.

I do not understand what you mean by "Is there any way one can varify whether stamped visa is valid before coming to POE"? Your visa is not cancelled as long as you did not overstay. When you re-entry the USA, it would be a good idea to bring with you the "Notice of Action" of the extension.


srigcbond;

I see passengers who were denied an ext. and reentered the USA without problems all the time. Bring your "Notice of Action" with you. Usually your application is in the system, but if it is not you will have the copy to prove it.
 
Rocky7

Thanks for reply. DO INSERT memos are availble on web or some where we can refer and make copy for perticuler guidlines for thuis kind of situation.


Anothe question one can maximum stay on B2 Visa should not be more then 6 months in a year. Is this true. So in that case my in laws should not come back after one or three month of stay out side of USA since they will complete thier more then 6 months stay in USA.

If this is true. WHere I can get referance to this? Thanks
 
roneedonee;

INSERTS and internal Memos are not available to the public, they are the guidelines that we operate by.

The service considers every arriving alien to be an immigrant until proven otherwise. This means when you visit the USA, we believe you plan to live in the USA until you prove you are not. Things like a return ticket, house in your country and etc. Something that proves that you will return home.

Anytime a person stays more than 6 months in any country for an extended period time, you consider a ersident of that country. This is also true for "green card" holders who spend more time outside of the USA.
 
i entered united states of america last may 2003 on a tourist visa on june 2003 i took and passed the nclex exam and was offered numerous job so i asked may husband and kids to come to america because they also have a tourist visa however on the the port of entry they were refused entry for the reason that "since your wife was already in the america with tourist visa and was offered a job and intending to change status together with the family hence refusal to enter the USA. Reason stated 212(a)(7)(A)(i)(l). my question is i went back to the philippines after 2 months of stay there in USA since my family's visa was revoked stamped application withdrawn and instead applied to an agency in the philippines to sponsor me as a registered nurse. my question is im on packet 3 already my application was approved i paid the visa vill of my family with what had happened to my family during the port of their entry to USA will affect my application (immigrant visa sCHEDULE A NURSE)
 
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