Rules - Extension of Stay denial

G

gtm

Registered Users (C)
Hello all,
I have a quick question and am not sure of the exact law. My parents are here and the I-94 allows them to stay till Feb 22. I have applied for an extension (I-539) and have already received the receipt (Receipt date Dec 26 2002) from INS. There is a good chance that the decision will not be made before Feb 22. I know they are allowed to stay as long as their application is pending with INS, but my question is if their application is denied by INS lets say after Feb 22 and they are still in the US what is their status. They would of course immediately leave the country. But would they be considered Out of Status or "Visa Overstay" which will effect their future US visits.
I would really appreciate any pointers or info in this regard. I have searched several web sites included those of INS but am unable to get a clear answer.
Thanks
 
Got some info from Mr Khanna

I sent an e-mail to Mr Khanna and I got this response. I think this should clear any doubt . The e-mail response follows
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To extend visitors or business visa, file Form I-539. Attach a letter explaining the reason for extension. But bear in mind, consulates do not like extension cases. They may give trouble in subsequent visa issuance.

It is considered apprpriate to say in USA while your timely filed extension application is being adjudicated. But if the application is denied, the applicant would be rtroactively out of status. We stronly suggest that you leave USA within 180 days of the expiration of the old I-94, even if the extension application is still pending.

Do note, visitors who have entered pusuant to a visa waiver, cannot get an extension.


FREQUENTLY ASKED QUESTIONS
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Q1. Why is there "NO EOS/COS" marked in my parents' I-94 forms?

A1. That means your parents will not be permitted "extension of status" or "change of status." The INS officer at the port of entry made that remark as his recommendation.

Q2. What is a good reason for extension?
A2. There are no legal guidelines for that. The answer would have to be based on common sense. Please do not make up a "story." In my opinion, you must tell the truth.

Q3. My mother got a visitor visa for 6 months her visa has the following annotation:
'GOING TO VISIT SON AND DAUGHTER-IN-LAW FOR ONE MONTH VACATION'
My mother can stay in US for a month period only. Can you please let me know what this means.
A3. An annotation like this usually means she will not be allowed to stay in USA beyond one month. Theoretically, an extension is still possible if there are extraordinary reasons for staying beyond the one month. But bear in mind, consulates do not like extension cases. They may give trouble in subsequent visa issuance.




Please call 703-908-4800 between 9-5 Eastern U.S. time. If I am unavailable, dial "0" and have them make an appointment for us to talk over the telephone. Otherwise, just leave me a message. I try to return all my calls by the next business day. Regards.
 
EOS

My parents visit us every other year.They always stay here for one year.They ask for 6 months extension before the expiry of their first six month.NEVER HAD PROBLEM GETTING VISA EXTENDED IN US OR AT THE CONSULATE LATER.USUALLY THEY ARE NOT SO STRICT FOR ELDERLY PEOPLE.I AM SHARING MY PERSONAL EXPERIENCE.MAYBE IT IS A CASE BY CASE SITUATION.
 
Thats such a great news pipladi!

I have filed extension for my parents and always worry that poe officials will create problems during future visits.
Can you give more info on your case:
1. How old are your parents
2. What reasons do u usually give for extension
3. how many times have they applied for extension
4. After how much gap does your parents usually come back to the US?
Thanks for your inputs.
 
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