Urgent Visa Status Question

CZPHope

Registered Users (C)
Hello All,

Here is a strange scenario:

My parents have visited US couple of years back on a 10 year multiple entry visa. They got their I-94 stamped for 6 months from date of arrival. I've filled up extension form for 6 more months and submitted it to INS . However I didnt receive any communication back from INS. I even do not know if their I-94 got extended or not. Promptly after 6 months (requested extension period,i.e. one year after they came in) they left US.

I wrote atleast two letters to follow up with INS however did not receive any communication back from them.

Now they want to visit us again. However I'm just wondering about their VISA status.

I called up INS and they said that they can not reveal any info on applicants who do not reside here.

Therefore I called up Indian consulate and they said that it is the responsibility of INS to give out such status.

I do not want to take any risk and land into troubles by attempting to bring them.

Please let me know if there is a way out.

BTW, my parents are aged above 60 years.

-thanks,
 
CZPHope,

From my personal experience, I-539 approval could take up to 18 month, although recently, when I applied for extension of stay for my mother it took about 4 month to receive approval letter.

INS should have send you the receipt for submitted application for extension of status (I-539). You could present this document to consulate as proof of fact, that they prolonged their stay in the US legally. If you do not have receipt it will be difficult to prove that they did not overstayed.

In any case, consulate may deny visa application because of the extension. You can always re-appeal and submit more evidence to show that you tried to extend the status.

Good luck.
Myxa,
--------------------------------------------------
I am not a layer, so act accordingly
 
I have some questions about requirements for applying for extension of stay of B2 visa of my wife. Will she be considered to be out of status while her application is pending with INS (we will apply a few days before the date of departure on her I-94) ? So even though we apply before this date and INS takes a long time to reply and if they reject it would she be considered out of status for that time period? What supporting documents are needed?
 
enjoylife,

1. As long as extension application is pending with INS staying is legal. Even if application is denied, INS gives some time (1,2 weeks, I am not sure exactly...) to depart from USA. I would recommend not waiting until "last minute" to file an extension, see:

http://uscis.gov/graphics/howdoi/extendstay.htm
...
When Should I Apply?
We recommend that you apply to extend your stay at least 45
days before your authorized stay expires, but the CIS Service
Center must receive your application by the day your authorized
stay expires.
...


2. She will not be considered out of status...see above.

3. For list of documents (and other info) see: http://uscis.gov/graphics/formsfee/forms/i-539.htm
I would recommend also seeing appropriate service center requirements for application package filing/mailing.

Requirement is I-539, fee, I-94 and cover letter explaining reasons for extension. INS may send RFE requesting more proof:

copy of ticket indicating date of departure
copy of passport
documents, shows ties with origin country (real estate ownership/etc).

Myxa,
--------------------------------------------------
I am not a layer, so act accordingly
 
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