Extension denied results in overstay: What are the options?

[shri ganesh]

My parents were eligible for GC based on my US citizenship. But we decided to file for Extension of stay (I-539).

The EOS was denied which now has resulted in overstay (from the date on I-94 to date of departure) by about 2 months.

My questions are specific?
1) Is it worth filing a motion to reconsider? if nothing else, at least to get it cleared. The results might not be out until they leave anyway.
2) Is their visa cancelled so that they'll need to get a new visa to come back to the US? The discussions so far are very unclear although it looks like they'll have to file for a new visa (they have 8 years remaining on the visa and this is a pain)
3) Next time, we would simply go for GC when they come here. Will they be allowed AOS having overstayed this time around. There is no such question on I-485.

URGENT responses are appreciated as time is of essence.

Thank you.

Shri G

 

[PraetorianXI]

Are you an US Citizen already? If so, their overstay will be forgiven, you need to act quickly and file I-130 and I-485 for them.

An overstay automatically voids their visa. Your best bet is to file for their GCs right away.

 

[shri ganesh]

AOS not allowed???

Thanks for the reply. However, I think under the circumstances, even non-immigrant to immigrant Adjustment of Status is not permitted/allowed.

As such GC was not an option earlier but is this the only solution. They need to travel to India by mid-November - will applying for GC now yield the Advanced Parole in time?

Shri G

 

[PraetorianXI]

Thanks for the reply. However, I think under the circumstances, even non-immigrant to immigrant Adjustment of Status is not permitted/allowed.

As such GC was not an option earlier but is this the only solution. They need to travel to India by mid-November - will applying for GC now yield the Advanced Parole in time?

Shri G

They are allowed to AOS.

They may or may not get it in time.