If extension is denied (again)

R

river_444

Registered Users (C)
Gurus,

I have to asked this question.
After reading nine pages in this forum...
What is the correct answer.

If you applied for an extension before your I-94 expires and you waited for the result after your I-94 expiration andassuming it was denied? Is your multiple visa voided if?

Example A. You were stamped three months and you applied for an extension of 3 month. But you haven't receive the result yet so you decide to leave before the date of your filed extension. Is your multiple visa voided?

Example B. Same sceneraio, but stamped will now be 6 months and extension will be for another 6 months. Is your multiple visa voided?

Thank you all
 
If you file extension before I-94 expiration and stay beyond I-94 expiration,
1. visa is void if extension was denied before you depart.
2. visa is still valid if extension was approved.
3. visa is still valid if you left the US before decision was made(denied).

In other word, overstay invalidates visa stamp.
 
GotPR,
So in a nutshell, a denied I-539 voids the holder's B-1/B-2 visa (I am assuming the holder waits in the US for a decision)?
 
Triple Citizen said:
GotPR,
So in a nutshell, a denied I-539 voids the holder's B-1/B-2 visa (I am assuming the holder waits in the US for a decision)?
Click to expand...
Yes, if I539 got denied after I-94 expiration, it is considered overstay and visa is void.
INA 222(g) rules that overstayed visa is void. But if one left the US before getting decision
on timely filed(filed before I-94 expiration) petition, they are not considered overstayed, and exempt from 222(g). It is described in 9 FAM 40.68 N2.2-3.
http://foia.state.gov/masterdocs/09FAM/0940068N.PDF
 
Last edited by a moderator:
Yes, but scope of this topic is denial after I-94 expiration.
It does not matter what happens to petition as far as one departs the US before I-94 expiration.
 
hi..im quite puzzled by all the different ans. to a denied EOS. i have travelled to the states many times over the years and the first time i applied for EOS was in 2001 and my request was approved and i stayed for another six months of 2002. i travelled back in sept.2004 and flew out 2wks after i received the denial letter. after reading INA222(g), i called the US embassy in our country and inquired the status of my visa, the person informed me that my visa is still good and that i don't need to apply for a new one until it expires(im holding a B1/B2 visa). i was able to access on these sites : findlaw.com;immigrationlink.com (path2usa.com);Period of Stay Authorized by the Attorney General=212(a)(9)(b)

im planning to travel in june..but after hearing different views regarding visas being void after EOS denied, im beginning to have second thoughts. i hope someone can enlighten me on this matter. GOD bless and thanks in advance.
 
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