Mother's I-94 expiring on Feb 22nd - filed for extension but not approved as yet

S

stagore

Registered Users (C)
My mother entered the US on Dec 19th 2005. At the port of entry, the official found that her passport was expiring on Feb 22nd, 2006 and so her I-94 was given till Feb 22nd. Since then I have had her passport renewed and then filed for the extension for the I-94 till end of March, 2006. However, the web site says they are currently processing cases from Oct 17th. Bigger issue is that her original I-94 had to be sent with the application. I am not sure how to proceed.
Can we assume that the petition will be approved and that she can stay till March 31st or should we assume that she cannot stay if the approval/denial notice does not come by Feb 22nd? More importantly how does she travel without her I-94?
I called the USCIS phone number quite a few times but am unable to get through to the customer reps. I have sent them a letter (again) with the questions but have gotten no response thus far.

Any information on how to proceed will be much appreciated.

-Soumitro
 
As far as I know you can wait till you receive a reply from USCIS.
If they decline her stay they still give you a grace period before your mother needs to leave the country.
Normally the grace period is 1 week.

I had my mother's stay extended by 4 months. We did not have any problems.

regards,
KBN
 
KBN,
Thanks for your reply! Can you tell me how much time it took in your case to get the petition approved from the time you filed it? My application was received on 1/11 and since this is a pretty straightforward case I was hoping to get a quick turnaround but I guess this is the INS...

I don't want to end up doing something that will jeopardise her future visits to the US but don't want her to have to leave in a hurry either.

-Soumitro
 
Extension just got denied

I received the denial notice today. The reason given is that "Statement was not provided" as to why the stay would be temporary". This is actually quite false since we had put this information explicitly into a cover letter with the application. The denial notice was received today (3/24). My mother's return ticket is for 3/26.

I had some questions?
1) Is this considered close enough to the receipt to not trigger any red flags? 2) How can I appeal this decision?
3) What impact (if, any) does this have on her future visits to the US (she has a 10-year multiple entry) and my future interactions with the USCIS (I am planning to file my naturalization application soon).

Thanks for any and all help!
 
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stagore said:
I received the denial notice today. The reason given is that "Statement was not provided" as to why the stay would be temporary". This is actually quite false since we had put this information explicitly into a cover letter with the application. The denial notice was received today (3/24). My mother's return ticket is for 3/26.

I had some questions?
1) Is this considered close enough to the receipt to not trigger any red flags?
Yes she should be safe leaving march 26

2) How can I appeal this decision?
no appeal possible
3) What impact (if, any) does this have on her future visits to the US (she has a 10-year multiple entry) and my future interactions with the USCIS (I am planning to file my naturalization application soon).
Should not impact your process. If she keeps the notice of denial and boarding passes for trip back home she can prove she departed in timely fashion
Thanks for any and all help!
Click to expand...

i future remember that always get passport renewed in time for travel, try an keep at least six months
 
Thanks for your response. One other question:

Does my mother need to re-apply for a new visa or can she use her existing 10-year multiple entry as long as she maintains the records of her prompt departure (boarding passes, denial notice etc) after receiving the notice.
 
she will not be issued a new visa till this one expires so yes she can use the existing visa. But since the visa is on the old passport make sure that she carries both passports at all times.
 
Just a follow up - so as I understand she will need to file for a new visa at the US Consulate in New Delhi? The link in the reply above does not point to a PDF file so I could not tell what the process was. She has a 10 year visa valid till 2014 so I am not sure what she will say at the US Consulate. Any advice would be appreciated.
 
Hi,
Thanks for your response, techie8. I know there is no way of knowing for sure but is reapplying for the new visa a straightforward process? We did not try to cheat in any way and did everything in good faith. She left 2 days after we received the denial letter (which can essentially be considered leaving on receiving the letter). Thanks in advance.
 
Hi Soumitro,

I think that reapplying for the visa involves the same process as applying for the first time. The DS-156 form contains questions pertaining to whether the applicant has been to the US before etc, which need to be appropriately answered.

Since your mother left almost immediately after receiving the letter, I think that demonstrates good faith and also since she has not tried to re-enter subsequently for several months is another indicator to this effect.

I think the consulate should be able to give her a visa. Hope you have kept the boarding pass stub from the return back to India, so that the return on time can be demonstrated if required.
 
Thanks for the informative replies. Yes, we did save the boarding pass stub. Also the passport has the stamp from Indian immigration saying she entered India on March 28th, 2006 (two days after she left US - the two days is the transit time of course)

We are re-applying for the visa now. Keeping my fingers crossed

-Soumitro
 
Was the reason to request an extension worth all this trouble? Nothing personal but I reckon most I-539 applications can be avoided by better initial entries and trip management. Since a denied I-539 may spell trouble in the form of 222(g), for nationalities that have trouble getting B-2 visas, I-539 should not be an option unless it is a life threatening emergency.

stagore said:
We are re-applying for the visa now. Keeping my fingers crossed
Click to expand...
 
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stagore said:
Thanks for the informative replies. Yes, we did save the boarding pass stub. Also the passport has the stamp from Indian immigration saying she entered India on March 28th, 2006 (two days after she left US - the two days is the transit time of course)

We are re-applying for the visa now. Keeping my fingers crossed

-Soumitro
Click to expand...

Your mother can take the risk and come to the U.S with her existing visa, but it is upto the officer at the POE to let her in or not. It all depends on the officer on how strictly he applies the rule 222(g). I have read in other forums that some have come thru successfully, some were grilled and given restricted stay, some were let in but their visas were cancelled, some were denied entry all together and sent back.

So if u want you can take the risk and ask her to travel. She needs to have all her extension papers and also she should have spent quite some time in her home country before visiting the U.S again. For eg if she spent 9 months in the U.S, she needs to spend atleast 24 months in her home country before coming here. She might get some consideration if she comes after a long period of time.

I can guarantee you 100% that SHE WILL NOT GET THE VISA at the consulate if her reasons for extension are fluid. Consulates don't like extension(s), does'nt matter even if did depart immediately after the rejection letter. Consider this a lesson learnt. Don't apply for extension(s) unless it is a life threatening emergency.
 
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Triple Citizen said:
Was the reason to request an extension worth all this trouble? Nothing personal but I reckon most I-539 applications can be avoided by better initial entries and trip management. Since a denied I-539 may spell trouble in the form of 222(g), for nationalities that have trouble getting B-2 visas, I-539 should not be an option unless it is a life threatening emergency.
Click to expand...

Triple citizen, you and I are the only people in this forum screaming about filing for extending visitor visas. People don't realize until they get their hands burnt. People file these frivolous extension(s) for their own selfish reasons, causing problems not only to them but the general population also. I hope USCIS / consulates crack down ruthlessly on visa abusers (EOS on B-2, COS on B-1/B-2) , that is the only way to prevent abuse and encourage genuine travel.
 
Chennai_123,
You and I are probably labeled as "hardliners" by now :) I totally agree with you. I see so many I-539 applicants from India/Pakistan with reasons "Grandchild's birthday, daughter/daughter-in-law pregnant, want to visit Niagara/Mount Rushmore" as reasons. Such actions in my opinion make it more difficult year by year for other B-2 applicants from India/Pakistan. Either people do not understand the term "visitor" or simply want to see how far they can push limits.
 
If you have no useful information/assistance to provide on this thread then don't bother responding. The last 2 responses seem to be needlessly vicious and self-serving.
The extension was filed and whether it was a mistake or not is moot at this point.
As for pushing the term "visitor" my mother's last stay was for just 2 months so the phrase "pushing the limits" does not really apply (and this was 2 years back and she has not been back since).

I am not sure what your personal agendas are but my questions certainly do not justify your "broad brush" responses.
 
Stagore,
I personally have no agenda but remember, when you put something out on a public forum, be prepared to hear what may not be to your liking. I sincerely hope your mother gets a fresh visa.
 
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