B2 denial of extension, 30 day grace period etc.

S

seekinghelpnow

New Member
Hi,

My mother-in-law is visiting us presently. She arrived Jan 2009 and was given an exit date in July 2009 at the point of entry. We filed for an extension, to Oct. 2009, in June. The request has been denied. Decision was made on Aug. 10 but we came to know through a letter on Aug. 14th. The letter says MIL has to leave immediately. We have been able to secure a return ticket for the 19th of September. We have a few questions regarding our situation.

1) I have read of a 30 day grace period allowed for departing. OUr letter mentions nothing of this. Is the 30 day grace period still valid and does it apply to us?

2) If the 30 day grace period applies, is the departure date of 19th OK since that is the earliest I could get a return ticket on (I realize 19th is 9 days beyond the 30 day grace)?

3) Does the DHS track the non-immigrant from the date of denial? How likely are deportation proceedings?
 
It is unlikely that someone would come to your home and confine her to a detention center.

However, her future visas and entries to the US will be a problem for both the denial and her failure to exit properly according to the terms of the denial. Her presence in the US is now illegal.

You are learning why it is strongly advised NOT to attempt to extend visitor stays for frivious reasons.
 
A1: No such grace period. The 30 day period is given before deportation proceedings may begin. USCIS still wants the visitor to depart immediately.
A2: See A1
A3: No one can speculate that. My advise would be for the visitor to depart immediately.

seekinghelpnow said:
1) I have read of a 30 day grace period allowed for departing. OUr letter mentions nothing of this. Is the 30 day grace period still valid and does it apply to us?

2) If the 30 day grace period applies, is the departure date of 19th OK since that is the earliest I could get a return ticket on (I realize 19th is 9 days beyond the 30 day grace)?

3) Does the DHS track the non-immigrant from the date of denial? How likely are deportation proceedings?
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