B2 extenstion denial

I

infocrawler

New Member
My mother's i94 (on b2 visa) is expiring in about 2 weeks and we've submitted an application for extension a few weeks back, and now waiting for decision from USCIS. Her primary address is here in Texas but she is currently in California visiting some relatives. My question is will she be able to come back to Texas if her application for extension is denied, assuming her i94 is expired by then? Will she be asked to leave the US immediately from California? Her return ticket to India is from Texas. I'm curious if she will have a problem travelling thru the airports within the US with an expired i94 and denied extension. Please help. Need to know if I should force my mother to come to Texas before Nov 11 (i94 expiration date). Thanks.
 
USCIS takes 3-4 months to adjudicate I-539. If they deny the application your mother is out of status from the time the old I-94 expires.
It is generally safer to leave the country and reapply before I-94 expires.
Alternate strategy should have been to apply 3 months before I94 expiry date.
She will not be able to re-enter US for 3-10 years if I539 is denied and her I94 has expired for less or more than 180 days.
Hope that helps.
 
Well now to answer the question you really asked, yes she would be able to travel within USA without any trouble. The I-94 is checked only when leaving the country. It seems to me that you applied in plenty of time so that works, as far as the effect on the existing visa in case of denial, if she makes a timely departure from US post denial she would be fine.
 
Thanks eb1or for trying to help. I appreciate the effort.

Thanks waitin_toolong for answering my question right to the point. I've done my homework, with friends, lawyers and sorted thru hundreds of postings about extension applications. My question was the only thing I couldn't find an answer for until now.

Reason I asked is that a friend told me that when you travel around US and your only ID is your passport, that the airline check-in counter would be propmted to see that your i-94 is expired. Should my mother take the i-94 out of her passport when checking-in or do the airline staff see it in their database anyway? I'm guess I'm just paranoid but I don't want my mother to have any problem and I'd stick to what's lawful so she won't have a bad record.
 
they dont bother checking the I-94 details unless you are leaving the country, and not even then, to be on tha safe side let her carry the receipt, she is legal here till she hears from uscis
 
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