Urgent Help-B2 Visa extenstion denial

S

srpot

Registered Users (C)
Urgent help regarding B2 Visa Extension denial for my mother:

My mother is visiting us on visitor visa B2 and her 6 month stay expired in June 5th and we filed for extension in May and we got the decision on July 27 saying that the extension reject has been rejected for the following reasons.

1. Proof or foreign residence staying abroad (Section 101(a)(15)B of the act.
(I have not enclosed the copy of house property document, but enclosed only cash deposits)
2. As per form I-539, original I-94 was not enclosed. (I sent copy of I-94 only).
3. The applicant did not stay sufficient reason for the extenstion or provide sufficient evidence if having a foreign residence abroad
(we mentioned the reason as visit more places in US and spend some more time with the family).
The letter says she has to leave the country immediately. I called the immigration and they said we can appeal on the decistion if we have extra supporting documents.
I would like higly appreciate if anyone can let me know if we can appeal on the decision giving the extra supporting documents (original I-94, house document, proper reason for stay, arrangements to leave US, intention to leave US after expiry of stay period).
Is there any risk of appealing on the decision? like chances of approval? Any one has applied for appeal on the denial notice and their experiences?


Thanks,
srpot
 
Any boduy seeked any legal advice

Hi ,
I am in a similar position to you. I recieved a denial notice for my parents extension (at CSC) request as of August 29,2004.I-94 expired as of August 1,2004. we had aplied for extension as of June 14, 2004.

They are now scheduled to levae as of September 15, 2004.So I wanted to know, if there is any legal filing etc that can be done, prioir to their departure , such that their visa's are not canceled / revoked in their next visit.- to protect these few days of "outr of status" situation.
Plaese do let me know.

Thank you
 
I called USCIS customer care and they told we cannot appeal on the decision unless they specify in the denial letter that we have the option to appeal. Its better to leave ASAP to avoid problems. My mother left within one week.
 
Technically does "OUT of sTatsu" due to this cancel their 10 year multiple entry visa

Does this overstay technically cancel their multilple entry visa. in otherwords do they have to apply for a new visa next time, or is that still valid?
 
which service center?

srpot,
which service center did you file the extension at?
this question is for srpot!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

-Raj
 
Last edited by a moderator:
SrPot

Was there a specific date given in the denial notice by which the person had to leave the US ?

I am asking this because then the person goes out of status immediately with a potential cancellation of the ten year multi entry visa...


Thanks,
Mitwaaa
 
Ravi shankar's link is not 100% correct

These are lines from Department of state ruling on INA 222G which immihelp
link has coated

-- 222(G) DOES NOT/NOT APPLY TO ALIENS WHO FILE FOR A
CHANGE OF STATUS (COS) OR EXTENSION OF STAY (EOS) AND WHO
REMAIN IN THE U.S. AFTER THE DATE ON THEIR I-94, IF THE
REQUEST IS SUBSEQUENTLY APPROVED.

-- 222(G) DOES/DOES APPLY TO ALIENS WHO FILE FOR A COS OR
EOS AND WHO REMAIN AFTER THE DATE ON THEIR I-94, IF THE
COS/EOS REQUEST IS SUBSEQUENTLY DENIED OR IS STILL PENDING
AT THE TIME OF THE ALIEN'S DEPARTURE. (BUT SEE BELOW,
CONCERNING THE BLANKET EXTRAORDINARY CIRCUMSTANCES
EXEMPTION FOR CERTAIN ALIENS WHO DEPART WHILE A COS OR EOS
APPLICATION IS PENDING.)

Bottom line is you are taking risk if your application is pending beyond your
I-94 Expiration date and you do not leave by the I-94 expiration date.
Later on if your application denied - your visa is cancelled.
But if you leave by I-94 expiration date and your application is denied
then visa is not canceled.
So file the application in time and even if it is denied before your I-94
expiration and you leave before that then visa is not cancelled
 
I am concern after seeing denial from listings here

I have applied for B2 Visa extension for my mom at VSC. Her last date is November 25 Th as per I 94. I have sent her original I 94 and original passport’s received on Oct 10 Th and issued receipt number:

I have sent return ticket as copy for intension to return. I have attached any property document back in India.

Last time she visited her in USA and we applied for her extension and they approved.

My question is: Since application is still in process. Can we send property document to INS now to support her home country?

If yes what is the procedure.
 
If you want you can send it with copy of the receipt notice. But there
is no guarantee it will go to the file. Normally, if INS needs anything
they will ask for RFE.

By the way when did you mail your application and what was the
receipt date.

I have mailed it on oct 6th but have not received any receipt yet.
Nor the check is cashed yet (VSC - B2 extension for my parents).

random
 
thanks

I have send it on 6 th and receipt date is 8 th Oct. They send me receipt notice on 15 th.Check deposited on 9 th Oct.

All the best for case.
 
ak19,
yes, you shd send the property docs. i think what works the most is the proof of ties w/ home country. just a return ticket is not sufficient. property docs, financial statements, etc. help a lot.

even though it may not get to the file on time, you should still send it (w/ a copy of receipt notice).
 
Time to leave if Ext of Stay is denied.

I am sure this question might have been asked before, but since i am new, i wanted your people URGENT advice.

I had applied for my Mother's visa extension in Sep, and her I-94 was supposed
to expire on Oct 10th. However on Oct 28th we got the denial from CSC of INS.

The question is " what time is considered ok" for me to book a return ticket for her. I was thinking 19th of Nov? Is that considered tooo.. late? The other date was 10th of Nov. Please advice?

I need to act as soon as possible to prevent bad repurcusions.

Thanks
-Arun
 
Whats the status of 10 yr m entry visa after visa extension rejection?

My Mom's visa extension was REJECTED in July 2004. She is holding her 10 years multiple entry visa. She left USA within a week after receiving the rejection notice.
Can she come now with her 10 yr multiple entry visa?

Now is her visa valid ? or invalid because it was rejected?

Anybody had any similar experience?

Thanks
Vivi
 
Last edited by a moderator:
vivi said:
My Mom's visa extension was REJECTED in July 2004. She is holding her 10 years multiple entry visa. She left USA within a week after receiving the rejection notice.
Can she come now with her 10 yr multiple entry visa?

Now is her visa valid ? or invalid because it was rejected?

Anybody had any similar experience?
If she return before I 94 expiry, she can come without any problem. If she stayed beyond I 94 expiry (during extention anticipation time), may trigger problem
Thanks
Vivi
Click to expand...
 
Experience

All,

After this visiton visa extension denial, have anybody visited back to USA with that 10 year multi entry visa?

Thanks
 
Experience

CAn somebody here post experience coming next time after visa extenaion denial? I think lot of folks are on that expecting answeres on this. Somebody who did this can post it which will help lot of guys here.

Thanks
 
I am also looking for same

Pl answer your experiance. I am also looking for answer on this ?
 
What to do after B2 ext. denial

My mother in law is helping with our 4 month old son, her ext. was denied and will be up in early March.
What can we do for her to stay longer? She doesn't want to live here permanently, she has family and home back in Russia.
We need her help for a few more months at least.
Thanks
D
 
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