Extension denied

[vaneetb]

Service Center: CSC
receipt date: June 1
I94 Expiry: July 20
Denial Date: Sept 25
Received Letter: Oct 3
Parents Left: Oct 12.
Reason for denial: seems like a generic letter saying that we couldn't prove the eligibility for the extension.
They were on 10Yr multiple entry
seems like they have to apply for the visa next time they enter, as this multiple entry visa is now VOID.

I know of few people, who have entered US on the same 10 yr multiple entry VISA, with which their extension was denied last time, no issues at POE.
But one may face issues 1) when you apply for your own citizenship OR 2) you apply for your parents GC

So its better not to take any chances, if you have made a mistake of applying for the extension and risking denial, then don't make the second mistake of reentering on the same VISA.
In case they are caught at POE, they may be barred from entering US for 5 yrs(according to some docuemnt, I read on the WEB)

This is what I concluded after spending hours on the web, had I done this research before, I wouldn't have applied for extenion the very first place. It is safter to send them back and then reenter rather than going through all this and risking 10 yr multiple entry visa.

good luck guys

 

[C R S]

This is what I concluded after spending hours on the web, had I done this research before...

Unfortunately, you are correct. Here is the relevant portion of Section 222 of the Immigration and Nationality Act:


(g)2/(1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay.

(2) An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant, except-

(A) on the basis of a visa (other than the visa described in paragraph (1) issued in a consular office located in the country of the alien's nationality (or, if there is no office in such country, in such other consular office as the Secretary of State shall specify); or

(B) where extraordinary circumstances are found by the Secretary of State to exist.

I wouldn't have applied for extenion the very first place. It is safter to send them back and then reenter rather than going through all this and risking 10 yr multiple entry visa.

If you apply well in advance of the date stamped on the I-94 and leave before this date if the USCIS either denies your request or fails to respond in time, you are okay.

 

[desperate_help]

Well said. I do feel the same thing after my mom's extension got denied a couple of weeks ago. At the same time i felt like kicking myself hard for not
analyzing these details before i applied for extension. I spoke to atleast 5 diffrent lawyers and guess what, they gave 5 different answers. I am totally confused now. I think nobody has a clear written rule over such INS decisions. All the answers are like may, might, possible etc .