Qn on Visitor's Visa

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drkamath

Registered Users (C)
hi,

Both my parents were issued a multiple entry Visitor visa with Issued Date=6/16/03, Expiry Date=09/09/03 - (hardly 2.5 months!!)...we had asked for 6 months visa and they were planning to leave for the US only around july 19 2003 (which means the visa is valid for only 2.5 months when they come here)...I know that -
1. the POE officer has rights to specify how long they can stay on the I-94 (even beyond the visa expiry date)
2. that I can file for extension...

So now I am wondering -
1. what are the chances parents will be given permission only until sept 9 2003 - What are the chances that the POE officer will give them 6 months stay period if they come on july 19th? anyone with such a situation gotten permission to stay beyond the visa expiry date? Is there any letter or documents that I can give my parents that will help convince the POE officer to give permission for 6 months? Are there any applicable laws here?

2. Iam confused about the meaning of the expiry date on a visa...does it mean you got to enter the USA by that date or does it mean you got to leave by that date?

3. Assuming that I-94 wont probably be dated more than the expiry date and that applying for extension will affect their future visitor visa applications, Is it possible to request the madras consulate to provide for a visa of longer period arguing that 1.5 months is hardly enuff time to spend with one's family & tour the USA? - only cos it will avoid applying for extension (which I will obviously do, if their I-94 is valid only until sept 09 2003).

4. Does extension of stay for visitor's visa affect future visa application for any future visits by my parents?
 
Originally posted by drkamath
hi,

Both my parents were issued a multiple entry Visitor visa with Issued Date=6/16/03, Expiry Date=09/09/03 - (hardly 2.5 months!!)...we had asked for 6 months visa and they were planning to leave for the US only around july 19 2003 (which means the visa is valid for only 2.5 months when they come here)...I know that -
1. the POE officer has rights to specify how long they can stay on the I-94 (even beyond the visa expiry date)
2. that I can file for extension...

So now I am wondering -
1. what are the chances parents will be given permission only until sept 9 2003 - What are the chances that the POE officer will give them 6 months stay period if they come on july 19th? anyone with such a situation gotten permission to stay beyond the visa expiry date? Is there any letter or documents that I can give my parents that will help convince the POE officer to give permission for 6 months? Are there any applicable laws here?
They will usually get 6 months regarless of visa expiration. Visa is only to seek entry into US. It means that you enter before visa expiration.

2. Iam confused about the meaning of the expiry date on a visa...does it mean you got to enter the USA by that date or does it mean you got to leave by that date?
See previous answer.

3. Assuming that I-94 wont probably be dated more than the expiry date and that applying for extension will affect their future visitor visa applications, Is it possible to request the madras consulate to provide for a visa of longer period arguing that 1.5 months is hardly enuff time to spend with one's family & tour the USA? - only cos it will avoid applying for extension (which I will obviously do, if their I-94 is valid only until sept 09 2003).

If extended it may affect future visa application and or stay allowed in future.

4. Does extension of stay for visitor's visa affect future visa application for any future visits by my parents?
Yes. If extended it may affect future visa application and or stay allowed in future.
Click to expand...
 
Now what..?

What is the logic behind issuing it for 3 months. Usually they issue for 6 months, 1 year, 5 year and 10 year.

But I think they should be fine. USually they allow for 6 months. If the are flying to NJ/NY area, tehy should have no problem at all. Good luck if they are flying to Detroit by any chance. (Yes port of entry does matter sometimes)
 
nkm-oct23 - thanks for your replies - its mostly matches what my lawyer told me...but lawyer told me it doesnt matter if you ask for extension if its not over stay - meaning u filed extension bfore ur I-94 expires...But others tell me that it will matter on next application - so am not sure whch is more right - immigration lawyer or "practical" experience from people...(am not discounting what u telling me)

<b>but tell me - does matter if they apply say another 1+ yr later?</b>

broken arrow - thanks ...parents will be entering thro SFO...any idea how that POE is? wat is with detroit? any crazy incidents?
 
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but tell me - does matter if they apply say another 1+ yr later?

I don't think it will matter if the next visit is in 1 year. If multiple visits are made in short span, sometimes the immigration office will disallow any extension of status by noting "NO EOS/COS" on the I-94.
 
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