Need quick advice.

S

Sky_Drow

Registered Users (C)
Hi Gurus, Sorry for posting this nonimmig. query but I know gurus visit these threads.

My mother is here with me on visitor's visa, As per her I-94 card, she is suppose to leave by March end of week.

I applied extension on her behalf on Jan 13th on I-539 form with all supporting docs. In the form they had clearly mentioned to submit original I-94 card. If I dont receive decesion by march, Is she entitled to stay until decision is made ?

Thanks...
RD : Jul 2002.
ND : Jul 2002.
FP : Sep 2002.
 
Originally posted by Sky_Drow
In the form they had clearly mentioned to submit original I-94 card. If I dont receive decesion by march, Is she entitled to stay until decision is made ?
Click to expand...

Two things. First, no matter what any USCIS form says, never send an original I-94 in. Mom now has no way of proving her legal status or that she was inspected on entry. Always send photocopies; if USCIS wants an original (which never happened when I filed a COS from H to B) they'll ask.

And yes, she can stay until either the decision is made, or the requested end date on her B extension. If she only asked for an extra two months, make sure she's home by the end of those two months.

One other thing, if the EOS gets denied and she overstays past the date on the denial notice, if she has a multiple-entry visa stamp the visa will be AUTOMATICALLY canceled by the overstay.
 
RealCan, I think you are right, I made a big mistake by sending I-94 card in original, but their official website said, if I-539 is denied then they send original I-94 card back requesting for immediate departure. if it is approved then they will send new one with the new dates. Actually we have requested for more 6 months. she got Multiple entry for 10 years.

I dont see chances of any decision coming by March end. so can I write to USCIS vermount service center where I submited, to return I-94 Card as she plans to depart as per the date of I-94 card in case there is no decision by March 2nd week ? I dont know if it is possible.

see the link. http://uscis.gov/graphics/howdoi/extendstay.htm#need

Thanks.
RD : Jul 2002.
ND : Jul 2002.
FP : Sep 2002.
 
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