Extension of Stay denied

A

alex_jos

New Member
Hi,

I have a question. My mom applied for an extension of stay (after six months) and got the denial two days back. What are my options now? I was thinking she could go back within a month (since there is a provision to submit a motion to reconsider within 30 days), but is that too risky? There seems to be no official grace period, but what is the safe period of overstay?

It'll be very helpful if she can stay for two-three weeks more, now she has a 10 yr multiple entry, the only problem is next time she comes in, at the port of entry, will she be sent back? If she gets only 30 days, it's still OK.

Any input will be greatly appreciated. Thanks a lot!

Alex
 
Originally posted by alex_jos
Hi,

I have a question. My mom applied for an extension of stay (after six months) and got the denial two days back. What are my options now? I was thinking she could go back within a month (since there is a provision to submit a motion to reconsider within 30 days), but is that too risky? There seems to be no official grace period, but what is the safe period of overstay?

It'll be very helpful if she can stay for two-three weeks more, now she has a 10 yr multiple entry, the only problem is next time she comes in, at the port of entry, will she be sent back? If she gets only 30 days, it's still OK.

Any input will be greatly appreciated. Thanks a lot!

Alex
Click to expand...

She should return as soon as possible, within 10 days. Failure to do so will cause problems in her future travel, including denial of entry and cancellation of visa by immigration officers. at POE.

WHy was it denied?
 
The reasons stated were lack of affidavit of financial support and not showing ties to India - I guess these documents should've been included in the application, but we did not submit them as it was assumed it had been previously shown in the original application. Not sure if it would've made any difference.

Thanks for the info. We are planning to send her back soon.
 
Time taking to process the case

Could you please tell us ...How long the process took to get the decision from BCIS ?

We applied for my MOM in May.....and wondering when we can get the response.

Thanks.
 
Parents have visitor visa 2mo left,

HI,
My friend's parents have visitor's visa from prev travel They had to cut short their visit due to family emergency- Visa is still valid till nov 2003. They want to come back and stay for a total of 4months. They don't have 10yr multiple. Just have 6mo visa stamp.
Question) can they come back to utilize those 2mo?
Q)if they want to stay of another 2 mo, can they apply for extension?

OR

SHOULD they be applying for a fresh 6mo tenure visa and then come here?

ANY helpful info regarding this matter is greatly appreciated.
thanks
 
Could you please tell us ...How long the process took to get the decision from BCIS ?

We applied for my MOM in May.....and wondering when we can get the response.

Is there any issues if we don't receive the response before departing from US ?

Please share your experience

Thanks.
 
It took around two months - May 15 notice date and decision date July 17th. (California Service Center) You are in status till you hear back from them, though there is an upper limit of 6 months or so (am not sure) after which I think you are supposed to go the local INS office to get something temporary. I saw this URL for processing times

http://www.visawolf.com/Imm_Dates.asp?news_id=226

it's also got times for other service centers.

Good luck!
 
Re: Parents have visitor visa 2mo left

My own opinion, not legal: Obviously, if it is a single entry visa, they'd need to get another visa stamp to enter the country. But if that's multiple entry valid till Nov, they can enter the US any time before that. Their length of stay is not governed by the visa stamp, but how well they can convince the immigration officer how long they need to stay etc. They could even get 6 months stay without problems, the visa stamp duration really does not matter, it's only for entry to the country. Stay is governed by the date on the I-94. And they can also apply for an extension after they are here.
 
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