emergency help needed

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immi_09

Registered Users (C)
Guys,
This is a question related to B2 (visitor/tourist visa) extnesion. I aplogize very much for posting it here. I had to do it 'coz this is quite an active forum so I thought I could get some feedback.
My mom is here on tourist visa and her I-94 expires in a few days. We have already filed for extnesion of her nonimmigrant stay (I-539) a month ago. I know she wouldn't go out of status until the application is adjugated.

My question is in case her application gets denied, how much time will she have to leave US. I called INS today and the lady mentiond she will be given sufficient time to leave us. But said she doesn't know when I asked how much time will be given. Did any body kow about this or has experience in this?

Please share!!

Thanks a million!!!
 
I know she wouldn't go out of status until the application is adjugated.

My question is in case her application gets denied, how much time will she have to leave US. I called INS today and the lady mentiond she will be given sufficient time to leave us. But said she doesn't know when I asked how much time will be given. Did any body kow about this or has experience in this?

Please share!!

Thanks a million!!![/QUOTE]

Hello..
"My question is in case her application gets denied, how much time will she have to leave US. I called INS today and the lady mentiond she will be given sufficient time to leave us.I know she wouldn't go out of status until the application is adjugated. "
From what is said and heard, I believe if her application is denied then she would accrue illegal/overstay days right from the day when her 194 expires..which would potentially pose hazard for her future application for b1/b2..so much more problematic is her future application than how much time will she get to leave us, also during a future immigration application also , this could be asked on..plss check with ur attorny and other posts that would come up here..
 
She always gets an extension.

In unlucky case, you "received" denial letter one day before her departure :D :D
though you got a week earlier
I think this should work. IF not people here will pound on this and you get your reply.
 
101amshantanub is right. An extension is always given. Once my parents extension came through on the last day. So dont worry, it will come through all the time.
 
Generally they wont deny extension as long as they getting fee :) i did couple of time extension to my mom, when she was here. always getting the approval. so dont worry about it
 
thansk for responses guys. The only thing that bothers me is, how long one has to be unlawfully present to be subject to visa denials at consulate or denial at the port of entry? I ask 'coz I think in the worst case of enial, I heard she'll accrue unlawful presence from the day of denial?

If she leaves in 2-3 days after a (hypothetical) denial, would it pose any problems next time when she applies for B2 /tourist visa?
 
immi_09,

No where it says how many days you can stay after denial of extension. But it appears that the date will be mentioned in the denial letter. You may look at the following copied from USCSIS website
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How Do I Get Another Form I-94 "Arrival/Departure Document" If the Original Was Submitted With the Application to Extend My Stay?

If your application for an extension is approved, you will be issued a replacement I-94 with a new departure date. If your application is denied, your original I-94 will be returned with a request for your immediate departure.
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You may also look at for more details at...

http://uscis.gov/graphics/howdoi/extendstay.htm
 
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