B2 Extension --> HELP - UREGNT!!

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fastergcwanted

Registered Users (C)
We had applied for my parents visitor visa extension in April. Following are the details:

Applied: 04/12/08
I-94 valid until: 05/19/08
Extension requested: 4 Months

They have 10 year multiple entry visa; this is their second visit here. Their first visit was in 2006 for 6 months. The reason we gave for the extension was upcoming wedding in the family and being able to tour the west coast etc. I also asked for expedite request last week by calling in which in all likelyhood won't be honored.

Now, looking at the processing time, it doesn't seem like we will hear by the time their granted I-94 expires.

Questions:

1) They are concerned about losing the multiple entry visa and in case they decide to leave as originally planned (05/19), is that ok given extension request is pending? Can you apply for visa extension and then leave as originally planned.
2) What should they do? Stay past and leave in 2-3 months pending extension request or leave as originally planned and then enter back in 2 months or so (while extension will likely be pending)
3) Is there a link to USCIS official memo or immigration law that states how denial impacts your status? I read some were able to enter ok next time after extension denial, while others had trouble. What's the official word? Can Rajivji comment on this please?

Thanks in advance.
 
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A1: Yes they can leave before their original I-94 expires.
A2: If they are willing to consider leaving on their original date, may I ask what the justification of the extension was? It seems it really was not an emergency.
A3: Read up on 222(g)
 
Triple Citizen said:
A1: Yes they can leave before their original I-94 expires.
A2: If they are willing to consider leaving on their original date, may I ask what the justification of the extension was? It seems it really was not an emergency.
A3: Read up on 222(g)
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Thanks for the response.

The justification was family wedding in July of this year. They could also reenter given it's 2 month's out. It's easier to not go back and forth given their age. But, what's your take?

I have looked up 222(g), but it's very confusing. It seem to suggest that you are out of status retroactively in case of denial, but then there is widely discussed "guideline" to be able to stay until you get response from USCIS. Talking to USCIS National Center, they also told me you are safe to stay until you hear back. This is very conflicting....There is no clarity about the impact in case of denial.
 
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222(g) = You are retroactively out of status, starting the day the I94 expired. Since its less than 6 months its not that fatal. The visa is certainly void though. In general, your reasons are the furthest thing from an emergency. If your parents (god forbid) get hit by a car and are bleeding profusely in a hospital, thats an emergency. Somebody getting married or wanting to tour some coast is not emergency, and its unlikely your extension will be granted (let alone expedited).
 
nscagony said:
222(g) = You are retroactively out of status, starting the day the I94 expired. Since its less than 6 months its not that fatal. The visa is certainly void though. In general, your reasons are the furthest thing from an emergency. If your parents (god forbid) get hit by a car and are bleeding profusely in a hospital, thats an emergency. Somebody getting married or wanting to tour some coast is not emergency, and its unlikely your extension will be granted (let alone expedited).
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I can understand that he is retroactively out of status. Does this mean that he will accure unlawful presence retroactively as well? or unlawful presence will start from the date his extension is denied.
http://imminfo.com/resources/extension.pdf

Where an alien files a timely EOS or COS application and that application is ultimately denied, the alien can begin to accrue unlawful presence beyond the date of the denial regardless of whether the alien filed additional, but untimely, requests for EOS or COS that are awaiting adjudication.1
 
After the I-94 expiration date unlawful presents starts to accrue if the extension isn't granted.
 
nscagony said:
After the I-94 expiration date unlawful presents starts to accrue if the extension isn't granted.
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Did you read the link that I attached. It's saying some thing else.
I ready a lawyer saying at an other website that unlawful stay starts accuring from the day extension is denied. There is also a difference between status and lawful presence.
 
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That is a very weak justification. From USCIS's perspective, this could have been avoided by a better timed initial entry.

fastergcwanted said:
The justification was family wedding in July of this year. They could also reenter given it's 2 month's out. It's easier to not go back and forth given their age. But, what's your take?
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The memo talks about a very specific practice of filing for COS and then EOS to avoid unlawful presence (and it explains why that approach will no longer be accepted). From everything I have seen and read so far a denied EOS does not retroactively grant status or stop unlawful presence from accruing. If you need definitively legal advise on this, you should get an attorney.
 
fastergcwanted, my recommendation is for you to look for an answer somewhere else. many members here forgot that they were immigrants once, and are quicker to give their opinion than to provide you with an answer . If your extension is pending, you are still compliant to the law. Good luck!
 
Contrary to popular belief there are many immigrants here who abode with each and every regulation throughout their immigration tenure. Some of us even abode with the regulations considered really silly, like carrying their GCs on their person for 3-5 years.
You did get one thing dead right though. This is a public forum. If people come here looking to hear exactly what they want to hear, usually rose coloured, and nothing else, then they do need to look elsewhere.

tschang said:
many members here forgot that they were immigrants once, and are quicker to give their opinion than to provide you with an answer .
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