My mother is going back home to India from the US through Frankfurt. She has a valid visa granted to her for 5 years, but her stay was limited to 6 months in the US through the I-94. We had applied for an extension of her stay in Nov. 03 by 90 days in the US (well before her I-94 expiry in Feb. 2004).
Apparently the extension application takes anywhere between 90-150 days to be processed by the INS/BCIS in US.
I spoke to the representative at INS and she said that INS determines her stay to be valid and legal until the extension application is processed(either approved/denied);
As of date the application has not been processed. My mother is planning to leave by May; Since she came through Frankfurt, she is required to get an airport transit visa
But the German embassy in Washington DC has made the determination that her stay is illegal and would not grant her the transit visa until INS apporves/rejects the extension based on the I-94 expiry date.
The German embassy website is not specific about the US visa requirements for the grant of an airport transit visa; All that is mentioned in the website is that your visa should be valid and unexpired. May be they are confused between visa validity versus I-94 validity?
What is the German Embassy's jurisdiction in determining the validity of her stay in the US?
If the US visa extension application takes 150 days and the applicant needs to leave earlier, how can this be made possible?
Apparently the extension application takes anywhere between 90-150 days to be processed by the INS/BCIS in US.
I spoke to the representative at INS and she said that INS determines her stay to be valid and legal until the extension application is processed(either approved/denied);
As of date the application has not been processed. My mother is planning to leave by May; Since she came through Frankfurt, she is required to get an airport transit visa
But the German embassy in Washington DC has made the determination that her stay is illegal and would not grant her the transit visa until INS apporves/rejects the extension based on the I-94 expiry date.
The German embassy website is not specific about the US visa requirements for the grant of an airport transit visa; All that is mentioned in the website is that your visa should be valid and unexpired. May be they are confused between visa validity versus I-94 validity?
What is the German Embassy's jurisdiction in determining the validity of her stay in the US?
If the US visa extension application takes 150 days and the applicant needs to leave earlier, how can this be made possible?