Extension denied after overstaying 6 month B visa

ExtQuestion

Registered Users (C)
My friend got extension denial letter. She filed the extension about a month after her 6 month stay expired. She was given 30 days to file a Motion to Reconsider or a Motion to Reopen, cost $585, or to leave the country now.

My question: does it make sense to hire an attorney to file the Motion, and what are the chances? Could it be that she was denied because she filed after overstay, is this going to have an affect on the outcome should she file the Motion?

Thanks
 
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You can not extend your visit if your i-94 has already expired. It says so on the instructions for the extension request!

MTR will be a waste of time and your friend needs to go back home, with a voided visa before she gets deported.
 
Thanks for responding.

Why does the denial letter not state that the reason for denial was late filing? Rather it says does not meet financial/etc requirements..

It says on the form (for initial filing): "Failure to file before the expiration date may be excused due to ...... ". Is it in general harder to meet these requirements with Motion to Reopen rather than when filing correctly on time?

Thanks again.
 
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Tourism. There was no explanation attached giving reasons for delayed filing. I think she might be able to argue she was denied on the basis she did not explain why she filed late rather than the reasons stated in the letter..
 
It's easy to get extension, I know several people who did even filing late with no explanation, you guys just read into too much into it.
 
My parents are US citizens, it's my friend who was denied, probably because she filed late. Ok I am outta here, thanks to everyone for their advice.
 
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