ginnewyork
New Member
Hi Folks.
My Mother came yesterday and I had applied for B-1 Extension in the past. I received a denial after she left the country. I was very concerned when she returned, thinking whether INS would give any problem at the POE.
I went through this forum and other immigration sites (murthy.com) and found out few things that I want to share.
At the POE she was asked why she stayed for more than 6 months. She replied that she was spending time with her son and their family. There was no problem and she got a 6 month stamp.
I also read and heard stories about people who were sent back because they had overstayed in the past. INS now can look at all past history and might want to know why they over stayed. If the information on their computer is wrong, its up to us to prove the fact and show documentation. Therefore for all those who are getting their parents and in-laws from India and applying for extensions, please try to keep these documents.
1. Apply for extension before the I-94 expires. If not, even 10 year visa can be marked as expired and you will be considered that you over stayed and trying to enter the country with expired visa ( read murty.com for the article)
2. You don't have to give the original I-94 with the extension application. I think a copy is sufficient.
3. Return the I-94 that came with the extension when you leave the country and keep all the original approvals for the next visit. If not they will enter that your stay was only valid for the duration on the I-94.
4. Leave the country immediately if your extension is denied. Will help future visits.
5. If you leave the country sooner than you receive your extension. Keep your boarding pass and tickets which are the only proof that you left the country before you received your extension.
6. If you left the country before you got your extension keep the receipt and the approval that came afterwards along with previous boarding pass and ticked while you re-enter. (Try to keep all previous extension documents just in case they ask, but you don’t have to present it. Keeping your boarding pass and tickets in separate envelope might not hurt). I am not sure what you do if you get a denial. May be some legal person can help here to clarify. This was my case and I did not send them the denial. I think POE can see the history of your case based on your receipt number.
7. INS is very strict now and they track your entry and exit more thoroughly than before. So more precautions we take its better.
8. If you want your folks to stay for more than six months, file the extension in the last month of their stay with whatever reason you want to give. This would keep them in status. Send it by express mail or FedEx and keep the tracking number. Reply the query and complete process even if your folks leave the country before the approval. Its important to finish the process, so that you have an answer for your request ( approval or denial ) other wise your case would be void and your folks might be considered as being over stayed and their visa might be cancelled by INS even with out your knowledge. Make sure you get the receipt. If you don’t get it, try to contact INS service center with the documents and the tracking number and resubmit the application. Keep all this for records.
I am not a lawyer and any legal opinion on this would help every one. So if any legal person in Immigration.com comments on my findings, it would of great help all readers.
My Mother came yesterday and I had applied for B-1 Extension in the past. I received a denial after she left the country. I was very concerned when she returned, thinking whether INS would give any problem at the POE.
I went through this forum and other immigration sites (murthy.com) and found out few things that I want to share.
At the POE she was asked why she stayed for more than 6 months. She replied that she was spending time with her son and their family. There was no problem and she got a 6 month stamp.
I also read and heard stories about people who were sent back because they had overstayed in the past. INS now can look at all past history and might want to know why they over stayed. If the information on their computer is wrong, its up to us to prove the fact and show documentation. Therefore for all those who are getting their parents and in-laws from India and applying for extensions, please try to keep these documents.
1. Apply for extension before the I-94 expires. If not, even 10 year visa can be marked as expired and you will be considered that you over stayed and trying to enter the country with expired visa ( read murty.com for the article)
2. You don't have to give the original I-94 with the extension application. I think a copy is sufficient.
3. Return the I-94 that came with the extension when you leave the country and keep all the original approvals for the next visit. If not they will enter that your stay was only valid for the duration on the I-94.
4. Leave the country immediately if your extension is denied. Will help future visits.
5. If you leave the country sooner than you receive your extension. Keep your boarding pass and tickets which are the only proof that you left the country before you received your extension.
6. If you left the country before you got your extension keep the receipt and the approval that came afterwards along with previous boarding pass and ticked while you re-enter. (Try to keep all previous extension documents just in case they ask, but you don’t have to present it. Keeping your boarding pass and tickets in separate envelope might not hurt). I am not sure what you do if you get a denial. May be some legal person can help here to clarify. This was my case and I did not send them the denial. I think POE can see the history of your case based on your receipt number.
7. INS is very strict now and they track your entry and exit more thoroughly than before. So more precautions we take its better.
8. If you want your folks to stay for more than six months, file the extension in the last month of their stay with whatever reason you want to give. This would keep them in status. Send it by express mail or FedEx and keep the tracking number. Reply the query and complete process even if your folks leave the country before the approval. Its important to finish the process, so that you have an answer for your request ( approval or denial ) other wise your case would be void and your folks might be considered as being over stayed and their visa might be cancelled by INS even with out your knowledge. Make sure you get the receipt. If you don’t get it, try to contact INS service center with the documents and the tracking number and resubmit the application. Keep all this for records.
I am not a lawyer and any legal opinion on this would help every one. So if any legal person in Immigration.com comments on my findings, it would of great help all readers.