Mom-3 month I94 Dad 6 month !94 by same POE-- can I get extension on Mom' I94 ?

CoolRaj_03

Registered Users (C)
My parents are here in USA on visitor Visa.
They got 10 yr multiple entry visa in 2004 and made a 4 months trip in the summer of 2004. They got 6 months I-94 permit but only stayed 4 months and returned back.

After three and half years I have called them again and this time although my father was given a six months I-94 stay, my mother only got three months by the same POE officer. [no other remarks on the I94 and no questions asked either.]

They did not realize at that time about the discrepancy in their I94 permit and I thought it should be simple enough to get an extension. And now the situation is, her I94 is expiring on Jan 1 and my father's 194 is valid till April 1.

Their current return ticket is for Jan 15th and I want them to stay atleast until that date and hopefully a bit longer (mid feburary). While I am going to apply for her extension shortly, the thing that I am somewhat concerned about is by the time we get a decision and if it is not in our favor she might have overstayed by couple of weeks!

My questions are

1) what happens if she goes back after I94 expiry but before any a decision is made on her I94 petition ? -- A very likely scenario for us

2) Is there a grace period such as one week or two week after the extension is denied.

Any constructive response will be highly appreciated.
 
1.- Visa subject to being void/cancelled under 222(g).
2.- 30 days grace period before they deport her, but visa is still subject to 222(g)

Your mom got a restricted I-94, either by mistake or purposefully, she won't be able to extend it.
 
OK. between efiling of I-539 V/s mailing it. Are there any preferrence among the folks that is more likely to get an approval ?
 
Your mom got a restricted I-94, either by mistake or purposefully, she won't be able to extend it.

Did you read that part? :rolleyes:

USCIS does not have a preference on which way you send the I-539... Do you REALLY think it is going to make a difference how you send it? you need a VALID UNEXPECTED EMERGENCY or COMPELLING reason to extend her stay... and she got a RESTRICTED i-94... gamble with her visa and enjoy it while she is here, this may be the last time (on that visa). You've been warned. :cool:
 
CoolRaj03,
How you submit the application is not important. What is the justification behind requesting an extension? That will make or break the deal. The risk she takes is 222(g) popping up when she next visits. Is 15 (or 45) more days in the US worth this risk? You make the call.
 
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