B2 extenion denied

K

krishgaay

New Member
Hi,

I am a US citizen and my mom has been coming to the US once every 3-4 years for the last 15 years on a visitor visa (around 5-6 times). Each time, we had no issue in extending her stay, but her extension got denied yesterday. While I could have applied for her GC, she really did not prefer to apply for a GC since she wanted to spend more time in India than here.

My questions are as follows:
1. I have not got the official letter yet (had email notification), but is there really anything we can do to appeal her extension denial. I think I pretty much sent everything I could possibly can - letter with reasons similar to earlier extensions, return ticket itinerary, affidavit of support, bank statements etc. Another reason we gave is that she cannot travel alone - and my brother is leaving to India in 2 months and she wants to go back with him. I dont know what else we can say to extend her stay.

2. My mom is around 75 years old, and we really don't want to explore the option of leaving within 10 days (she never visited my brother in the last 5 years and she is with him now for only the last 2 weeks after a cross-country flight and recuperating). What I would like to know is - how soon can she safely leave. I think my mom is pretty much done with the US - and doesnt care if she gets a 3 year ban. But - I would like to know if there is any issue if she leaves in 2-3 months (i.e. overstay by 2 months considering the date she got her denial). Will they know at the US airport where she leaves, that she overstayed and (possibly) detain her for questioning. I know there are some airports that require you to document that you left by using a thumb-print.

3. 6 months+ overstay = 3 year ban. < 6 months overstay = ? (is this at the discretion of the POE officer? Can he deny entry - which would be kind of the worst possible future situation, but would like to know so that we can take as much of an informed decision as possible.

4. Can I apply for her GC now to keep her stay legal? Again, even if I apply - she is GOING back to India in 2 months and I will likely need to withdraw her application later.

Any advice on her options is appreciated.

Thanks,
Krishna
 
Hi krishgaay,

Sorry about the denial. I recently applied for an extension of stay for my folks and wondering if you can share how long it took you to get the response.
I applied with california service center. Did you apply there as well.
After applying how many days did it take you to get the receipt and how many days for the denial e-mail. Also, did you apply I-539 online?

I would really appreciate if you could share this information and sorry for not being able to answer your questions.
Thanks
 
I applied at CSC and it took me 2 months and 10 days to get the denial. Did not apply online. I really think it is the luck of the draw...I don't think it matters in the least bit whether we supply all info., whether the application has merit etc. In the current climate, if you got your application approved, I think you got a considerate officer, if you got your application denied, you probably got a moron.
 
A1: No appeal process for EOS denials
A2: They will know of her overstay since she will surrender her I-94 at check-in time.
A3: A POE officer may deny entry to a visitor even if the visitor has no history of overstay. Entry is totally at the discertion of the POE officer.
A4: You can apply for her AOS and never show up for the interview. That still does not benefit her if she overstays.
 
B2 extension denied

Hello,

If you are not wanting to apply for GC and want to stay for 2-3 months after B2 denial, you are going down a slippery slope.

If you want your mother to visit the US again on a visitor visa it is best to leave within a month of the visa extension denial. The POE officers have the ability the cause problems during subsequent visits if she stays for 2-3 months.

Even if it is unlikely that they will ever prevent your mom from re-entering (considering her age etc.), I think it is worth saving yourself and your mom the stress and uncertainty.

Rajesh
 
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