I539 denied,what next?

[bicycle]

my friends I-539 was denied,what should she do next?there is a possibility to apply I-290B,what are the chances of approval?& how long is the processing time?

 

[BigJoe5]

An unsuccessful Motion will NOT TOLL unlawful presence.

What type of visa is it? What is the reason to request extension? Meritless Motions are a waste of money and give no benefit at all.

 

[bicycle]

it is a B2 type tourist visa,she wants to spend a few more months with family,she doesnt mind trying the last option that is the I-290B,how long will be the processing time?

 

[Triple Citizen]

I would strongly advise your friend not to go down this road. She better leave before accruing more than 6 months of overstay.

what are the chances of approval?& how long is the processing time?

 

[BigJoe5]

it is a B2 type tourist visa,she wants to spend a few more months with family,she doesnt mind trying the last option that is the I-290B,how long will be the processing time?

If the original application was "frivolous" it may not have stopped the clock on unlawful presence. No good reason was offered in your reply so that is almost a 100% chance that any Motion would not only be denied but also deemed "frivolous" as well.

Go to the airport.

 

[bicycle]

the I539 rejection letter came on the 26th of january, does the six months begin from this date or the date mentioned on the I94 form(that is the date until she was allowed to stay)???

 

[Triple Citizen]

The date on the I-94.

the date mentioned on the I94 form(that is the date until she was allowed to stay)???

 

[BigJoe5]

the I539 rejection letter came on the 26th of january, does the six months begin from this date or the date mentioned on the I94 form(that is the date until she was allowed to stay)???

Whichever is later OR as directed in the denial notice.

Sometimes people have reported that they have been instructed to leave within 30 days of the date of the notice.

UNLESS USCIS specifically declared the I-539 either frivolous or untimely filed, a valid pending application tolls the unlawful presence period.

 

[Heriberto]

The denial is only for the non-technical person who has very little professional advantage in the USA. But you van see that many intelligent people of all round the world are welcomed here and retained in the USA so as to use them for their own purpose. The american are very selfish nation and have very in human indeed.