Extension of stay denied!! Please help!!

S

shankar7

Registered Users (C)
Hi,
My mother's extension of stay application was denied about a month ago. I appealed the case but it was denied again, i.e. the decision was not reverted. The document states that she must prepare to leave the country immediately. It also states that "you have begun accruing unlawful presence towards the three and ten year bars to admission as of the date of the notice. If you depart the US before you accrue 181 days of unlawful presence, you will not be subject to the 3 or 10 yr bars to admission" What are her options..
1. Should she leave immediately and try to come back in a month or two? Would they not allow her to reenter as she is returning so quickly?
2. Should she stay for the period of 181 days and then leave..I actually dont understand this statement in the letter as it basically allows her to stay for 6 months, and at the same time denies her request for the 6 month EOS?

I want her to stay for at least another 6 months.

Has anyone been in this situation. Sure appreciate you sharing your experience

Shankar
 
shankar7 said:
Hi,
My mother's extension of stay application was denied about a month ago. I appealed the case but it was denied again, i.e. the decision was not reverted. The document states that she must prepare to leave the country immediately. It also states that "you have begun accruing unlawful presence towards the three and ten year bars to admission as of the date of the notice. If you depart the US before you accrue 181 days of unlawful presence, you will not be subject to the 3 or 10 yr bars to admission" What are her options..
1. Should she leave immediately and try to come back in a month or two? Would they not allow her to reenter as she is returning so quickly?
2. Should she stay for the period of 181 days and then leave..I actually dont understand this statement in the letter as it basically allows her to stay for 6 months, and at the same time denies her request for the 6 month EOS?

I want her to stay for at least another 6 months.

Has anyone been in this situation. Sure appreciate you sharing your experience

Count the days from the expiry of I 94 not the day the extension got denied.
However staying any days beyond I 94 validity ( if extn is denied) is risky and creat more denials for next time visa stamping.

Shankar
Click to expand...
 
shankar7 said:
Hi,
My mother's extension of stay application was denied about a month ago. I appealed the case but it was denied again, i.e. the decision was not reverted. The document states that she must prepare to leave the country immediately. It also states that "you have begun accruing unlawful presence towards the three and ten year bars to admission as of the date of the notice. If you depart the US before you accrue 181 days of unlawful presence, you will not be subject to the 3 or 10 yr bars to admission" What are her options..
1. Should she leave immediately and try to come back in a month or two? Would they not allow her to reenter as she is returning so quickly?
Click to expand...
Well, that will depend on the CBP at the port of entry. There is no way of knowing this up front.
shankar7 said:
2. Should she stay for the period of 181 days and then leave..I actually dont understand this statement in the letter as it basically allows her to stay for 6 months, and at the same time denies her request for the 6 month EOS?

I want her to stay for at least another 6 months.

Has anyone been in this situation. Sure appreciate you sharing your experience

Shankar
Click to expand...
Basically, from the day the denial noice was sent, she has started accruing unlawful presence. 180 days of unlawful presence results in 3 years bar and 365 days of unlawful presence results in 10 year bar.
Also, you mother may be subject to Sec. 222(g) which would cancel her existing visa automatically and she would have to seek another visa in her home country.
Speak to lawyer before you decide to her here for a long time after the denial notice was sent.
 
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