extending stay

[laput]

Hi,

I am planning to extend my parents stay in US for more than 6 month. They have 1 more month of valid stay. Is there any risk in applying? Also what happenes if they get declined after their I-94 expiration date? is that out of status or it is OK. Wll there be any negetive impact for their next ime enrty in USA since they have 10 yr multiple entry visa.

I really apreciate replies.

 

[mangosingh]

As long as they leave within 30 days of rejection, they are fine.

Read complete details at http://www.immihelp.com/visas/extend.html

 

[chennai_123]

As long as they leave within 30 days of rejection, they are fine.

Read complete details at http://www.immihelp.com/visas/extend.html

Not really true. Rule 222(g) begins to apply if the person's extension is denied and the person stays beyond I-94 date. If your reasons are NOT compelling, then don't risk in applying for an extension and staying past the I-94 date.

Here the link from USCIS...


http://www.uscis.gov/files/article/c1_English.pdf

 

[mangosingh]

chennai_123,

That used to be the rule until very recently. It has changed. USCIS information that you pointing to is outdated.

Look at http://www.immihelp.com/forum/showthread.php?t=23261
There is a FAQ posted on 12/28/2006 and last updated on 08/15/2007.

I hope this helps.

 

[chennai_123]

chennai_123,

That used to be the rule until very recently. It has changed. USCIS information that you pointing to is outdated.

Look at http://www.immihelp.com/forum/showthread.php?t=23261
There is a FAQ posted on 12/28/2006 and last updated on 08/15/2007.

I hope this helps.

Mangosingh
The rule 222(g) has'nt changed. You are pointing to a immihelp website. The immihelp administrator has written it, not the U.S congress. The enforcement of the rule 222(g) is done by the officer at the POE. Some hard-headed officer would apply it very strictly and can potentially void the visa. So the extension of one's B-2 stay is a very grey area and most immigration lawyers don't recommend this unless the justifcation is water tight...

 

[mangosingh]

That way, any non-US citizen can be denied entry into the USA by POE officer, irrespective of what visa, extension or not.

You can search on CBP.gov for the confirmation of this new information. It has been recently relaxed to 30 days.

 

[PraetorianXI]

That way, any non-US citizen can be denied entry into the USA by POE officer, irrespective of what visa, extension or not.

You can search on CBP.gov for the confirmation of this new information. It has been recently relaxed to 30 days.

Then point to it. (link?)

 

[waitin_toolong]

http://help.cbp.gov/cgi-bin/customs...TEmcF9zZWFyY2hfdGV4dD05NA**&p_li=&p_topview=1

I guess this is what he is referring to that says you have 30 days to depart voluntarily before being considered deportable. But nowhere does it mention what happens to the current visa.

 

[chennai_123]

http://help.cbp.gov/cgi-bin/customs...TEmcF9zZWFyY2hfdGV4dD05NA**&p_li=&p_topview=1

I guess this is what he is referring to that says you have 30 days to depart voluntarily before being considered deportable. But nowhere does it mention what happens to the current visa.

If you look in the USCIS link in the lower half of page 2, it does say that the visa becomes void. How strictly they enforce is up for debate.

 

[Triple Citizen]

The CBP link only states that a visitor does not become deportable if they leave within 30 days on an I-539 denial. That link in no form or shape grants immunity from 222(g). In fact, the very same link cautions the visitor that future visas may be tougher to obtain after an I-539 denial.

New bottle, same old w(h)ine!!!

 

[PraetorianXI]

New bottle, same old w(h)ine!!!

Good one !