Leave before extension decision

B

BharathNair

Registered Users (C)
I am planning to extend my mom's visa for 5 months. However, I dont want to jeopardise her future visits to the US by making her stay beyond the I-94 Expiry Date while awaiting a decision from USCIS. The following are my questions

1. What happens if she leaves before the I-94 Expiry Date and her extension gets rejected subsequently ? Will she be subjected to INA 222(G) and have issues during her future visits ?

2. Can I withdraw her extension after she leaves before the I-94 Expiry Date ? Again, in this scenario, will she have issues during her future visits ?
 
A1: If she leaves before her original I-94's expiry, 222(g) will not have any basis to affect her.
A2: I have never heard of anyone withdrawing an I-539. I am not saying it is impossible either. If she leaves prior to her original I-94's expiry, see above.
 
My dad had extended his visiting visa in the past, and it did not affect his future visit, he is still travelling in and out USA. you can filed extension for your mom one or two months before his I-94 expired. Once your mom submited the I-539, she can legally stay for another 120 days while waiting for the approval.
 
She can legally stay until her I-94 expires... after that if the petition is approved, then she is still legally here but if it is denied, she is found out of status. She will have to leave ASAP and her visa is in risk of being voided/cancelled next time she attempts to use it.
 
PraetorianXI said:
She can legally stay until her I-94 expires... after that if the petition is approved, then she is still legally here but if it is denied, she is found out of status. She will have to leave ASAP and her visa is in risk of being voided/cancelled next time she attempts to use it.
Click to expand...

She can legally stays in US until the decision has been made by USCIS.
She has up to 30 days to leave the country from the denial notice date. (Source CBP.gov)

Will she be in trouble getting to US, who knows...?
Will she be subject to cancel her visa... NO for such reason.
 
Yes, she can legally stay until a decision is made. If the petition for extension is denied, then she probably WILL have 30 days to leave BEFORE she becomes DEPORTABLE.

However, she would have found herself OUT OF STATUS... Since the date her I-94 expired... and her visa subject to 222(G) and it is up to the officer at the POE to cancel her visa or not.
 
What Praetorain said is 100% correct. People think that they have a 30-day grace period before 222(g) begins to apply. No that's not the case, 222(g) begins to apply the moment Original I-94 expires and the person's extension is denied.
 
chennai_123 said:
What Praetorain said is 100% correct. People think that they have a 30-day grace period before 222(g) begins to apply. No that's not the case, 222(g) begins to apply the moment Original I-94 expires and the person's extension is denied.
Click to expand...

I talk to my attonery about this subject and she said NO. It will not if one leave 30 days after the denial decision is made. She is also willing to put it in writing as a legal consultation.
 
belacut said:
I talk to my attonery about this subject and she said NO. It will not if one leave 30 days after the denial decision is made. She is also willing to put it in writing as a legal consultation.
Click to expand...

She can put it in writing as a legal consultation. I am sure Chennai_123 could use it to wipe "something"... ;)

You become deportable after the 30 days pass, but 222(g) is subject to be applied (at the discretion of the POE officer) If the I-94 has expired and the extension was denied.
 
belacut said:
I talk to my attonery about this subject and she said NO. It will not if one leave 30 days after the denial decision is made. She is also willing to put it in writing as a legal consultation.
Click to expand...

Ask your attorney on what she will do to help you if the officer at the POE cancels the visa as per rule 222(g)? If you look at the 222(g) at the USCIS website it states very clearly that visa can be voided if the I-94 is expired and the extension is denied. But again how strictly the officer applies 222(g) is upto that person. Hope you get the point..
 
Belacut,
Your lawyer is confused between when the applicant becomes deportable (30 days post decision) and when 222(g) can be enforced (immediately upon decision).
 
To all the experts here on visa issues...

Can I travel back to my country with the receipt I797 of B2 extension??

I applied for an extension for my B2 stay but now need to go back way before the original I94 expiry date Dec 23 2007.

I dont have the original I94, just a photocopy. Is it ok???
 
It is ok, just keep record of your departure (your boarding passes) and bring them with you the next time you come to the US, in the event they ask you for proof that you left before the I-94 expired.
 
what happens in Bharat Nair's case if her mother leaves in the time window before any decision on her I94 extension is rewarded but after her I94 has expired ?

I am very intrested in the legal outcome of that.

Thanks
 
PraetorianXI,
This was one of yourcomment in the thread above.

Snip
Yes, she can legally stay until a decision is made. If the petition for extension is denied, then she probably WILL have 30 days to leave BEFORE she becomes DEPORTABLE
Snip Ends

I am just extrapolating that, and interpreting it in a different way.

Based on above, if a person can legally stay while his/her extension petition is in consideration and leave before any decision is made. How does he/she become out of status at any point ?
 
You ARE allowed to stay... legally, if you have the extension receipt, past the I-94 date... the problem is that if the extension is denied, you will be found Out of Status, retroactively to the date your I-94 expired...

You will have 30 days to leave, before you become deportable... but your visa will be subject to 222(g), which means next time you try to use it, the POE officer may cancel it and send you back home because of this "overstay".

being deportable and your visa being subject to 222(g) are two DIFFERENT things.

You are allowed to stay past the I-94, but you are risking your visa with the extension... you are I guess, legally "overstaying" your I-94 until a decision is made... if you stay past the i-94, but before the decision is made and the decision is approved, then you would technically be "safe". But if it is denied, then even though you left before the decision was made, you still overstayed your i-94, making you subject to 222(g).
 
Raj,
There are 4 timers one needs to watch out for:-
(1) I-539 submission date
(2) Original I-94 expiry
(3) Applicant leaves the US
(4) I-539 decision date

Then there are two pitfalls:-
(A) 222(g) kicking in
(B) I-539 applicant becoming deportable

Now (1) and (2) are easy. (1) has to precede (2). Now if (3) occurs before (2), the applicant is in the all clear, regardless of what outcome (4) presents. If (3) occurs after (2) but before (4), then the outcome matters. An approval means all fine. A denial means that the applicant overstayed for the amount of days between (2) and (3). This translates to pitfall (A). This can be enforced by the officer the next time the applicant re-visits the US. Now if (3) occurs after (4) with the outcome being a denial, then pitall (A) can be enforced just like before. In addition to that, pitfall (B) kicks in if the applicant stays for 30 days after (4).

I hope this clers it up!!!

CoolRaj_03 said:
Based on above, if a person can legally stay while his/her extension petition is in consideration and leave before any decision is made. How does he/she become out of status at any point ?
Click to expand...
 
Triple Citizen said:
Raj,
There are 4 timers one needs to watch out for:-
(1) I-539 submission date
(2) Original I-94 expiry
(3) Applicant leaves the US
(4) I-539 decision date

Then there are two pitfalls:-
(A) 222(g) kicking in
(B) I-539 applicant becoming deportable

Now (1) and (2) are easy. (1) has to precede (2). Now if (3) occurs before (2), the applicant is in the all clear, regardless of what outcome (4) presents. If (3) occurs after (2) but before (4), then the outcome matters. An approval means all fine. A denial means that the applicant overstayed for the amount of days between (2) and (3). This translates to pitfall (A). This can be enforced by the officer the next time the applicant re-visits the US. Now if (3) occurs after (4) with the outcome being a denial, then pitall (A) can be enforced just like before. In addition to that, pitfall (B) kicks in if the applicant stays for 30 days after (4).

I hope this clers it up!!!
Click to expand...


If I file for my Mom's I-130&485 immediately after naturalizing then is she ok even if extension of stay is denied?
 
You must log in or register to reply here.
Top