HELP! If application is rejected - should I have left by date on original I-94?

A

alexandra99

Registered Users (C)
My application to extend my B2 visa is pending, I just got the letter from INS with request to send them additional documents,. My I-94 expired in Dec 2002. Is it true that if my application will not get extended then I was supposed to leave by the date on the original I-94? I don't see the logic here.
But If that's true, then it means I will overstay my visa. I read that if you overstay your visa 3 months, you will not be allowed to enter the US for the next 3 years,, if more than 3 months you're not allowed back in for 10 years. Can someone confirm that or is it just people's talk.

Alexandra
 
Originally posted by alexandra99
My application to extend my B2 visa is pending, I just got the letter from INS with request to send them additional documents,. My I-94 expired in Dec 2002. Is it true that if my application will not get extended then I was supposed to leave by the date on the original I-94? I don't see the logic here.
But If that's true, then it means I will overstay my visa. I read that if you overstay your visa 3 months, you will not be allowed to enter the US for the next 3 years,, if more than 3 months you're not allowed back in for 10 years. Can someone confirm that or is it just people's talk.

Alexandra
Click to expand...

You are in status if you filed a timely application for extension.
If your application for extension is not approved, you have 10 days (from the day you receive the rejection notice) to leave. If you overstay for 6 months, you can be barred for 3 years. Overstays of more than 1 year triggers a 10 year bar.
 
If the application is denied, you are retroactively out of status as of the date your I94 expires. The next time you enter, at the POE, the officer could create problems and even cancel your 10 year multiple entry visa. Do I understand this correctly?

Thanks
Tanvi
 
You must log in or register to reply here.
Top