Hi, I have a few questions regarding a B2 visa and overstay.
My niece, 18 years old is holding a B2 visa, she was granted for 6 months when she came in to U.S. Before her I-94 expired, she applied for the extention for another 1.5 years. The INS mailed her the approval a year later and approved for only 6 months, but she didn't realize the date on the approval notice was only till Aug 2008 until the day before her flight back. Then, she thought it was the INS' typo. She informed the INS but was told, by law the maximum time period she could extend is 6 months. So, that means she's overstay now but she has just been accepted to a college here and wanted to go back to apply for her F1 visa. Now, we know she is in trouble, but how likely she will get her F1 visa and even if she gets it, will she has any problem coming in the U.S. again? I heard for overstay, she can't come back for at least 3 years and her B2 automatically invalid.
1. How many times can you file an extension?
2. What's the maximum length the INS can grant for extension?
3. Does the person has to go back to her own country to apply for F1 visa, currently she's holding a B2 visa?
Any other option to keep her going to college here?
Thank you in advance for your advice.
My niece, 18 years old is holding a B2 visa, she was granted for 6 months when she came in to U.S. Before her I-94 expired, she applied for the extention for another 1.5 years. The INS mailed her the approval a year later and approved for only 6 months, but she didn't realize the date on the approval notice was only till Aug 2008 until the day before her flight back. Then, she thought it was the INS' typo. She informed the INS but was told, by law the maximum time period she could extend is 6 months. So, that means she's overstay now but she has just been accepted to a college here and wanted to go back to apply for her F1 visa. Now, we know she is in trouble, but how likely she will get her F1 visa and even if she gets it, will she has any problem coming in the U.S. again? I heard for overstay, she can't come back for at least 3 years and her B2 automatically invalid.
1. How many times can you file an extension?
2. What's the maximum length the INS can grant for extension?
3. Does the person has to go back to her own country to apply for F1 visa, currently she's holding a B2 visa?
Any other option to keep her going to college here?
Thank you in advance for your advice.