Urgenttttt Help - B2 visa extension denial

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desperate_help

Registered Users (C)
Hi,
My mom's extension for visitors visa is denied. Her original I 94 expired on August 9. We applied for extension on June 24 the and received denial on
September 29 in VSC. There is no option to appeal but can reopen the motion to reconsider. We moved fro PA to here last month and gave INS Change of address.

Can i consult the attorneys to arrange for her volunteer departure. When should she leave from here ? How can i make sure that her multiple entry visa is not cancelled ? If i visit the local INS office can they give a definite timeline for her to go out of the states without breaking the immigration law. Help please.
 
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What was the reason for denial. Can you please post. Also, search for
INA 222 G on google and go through those links. You might find some
information on how to negotiate exit for your mother.
This really sucks. First they do not respond in time and put people in
very difficult situation.
The best thing is not to take them granted.

Thanks
random140.
 
I had the same situation as you did basically. My girlfriend's B2 extension was denied and I scrambled to get her a plane ticket back to Venezuela 6 days after we got the denial notice in the mail. After reading everything I could find on the internet and talking to a lawyer, here is what I learned.
1) As far as immigration is concerned, her visa is now void. She is already out of status, and that cannot be changed. This is because there is no appeal on a denial of extension.
2.) In talking to a lawyer about my girlfriend's case, she said that it was possible, but not probable, that on her next trip into the US that they would allow her in, if the immigration officer was "nice." But if they wanted to they could just send her back on the next plane. If they wanted to be mean, they could also do an "expiedited removal. which puts her on a 5 year ban."
3.) It would be best to try and get a new B2 visa to try and re-enter the country.

Read this link. The information is near the bottom of the page.
http://www.immihelp.com/visas/extend.html

So as far to your questions.....
1) She should leave as soon as possible as she is now out of status. (especially if she hopes to get a new visitor visa in the future.
2.) You cannot make sure that her multiple entry is not canceled. It is canceled in their computers as of the date of the denial. There is no grace period.
3.) I think it would not do any good to go to the local office. She is already out of status. (I did not try this, I guess it couldn't to any harm to try.)
Sorry for your situation. I think the immigration law cases like these suck, but for now, that's what the law says. Maybe a lawyer could help, but the one I consulted with said that she didn't have an answer on how to re-instate the multiple entry visa.
 
Actually this link does not have everything 100% correct.
It says that on denial the visa is automatically void. But that
is not true. If you have left before the expiry of I-94, even the
extension is denied - the visa is still valid.

This link says that the visa is void as soon as extension is denied - which
is not true always. Read INA 222 G details.

But in your case, definetly the visa is void as you took them for granted
for approval and stayed beyond your I-94 expiry, with pending application.
 
The reason they say is
1) i did not demonstrate her finacial aspects. i showed the financial aspects of mine, but they say demonstrating mine is not demonstrating hers.

2) they are not sure if she would go back.

Well, if they choose not to have a mind, they can point to any reason.
Anyway thanks for your help.
 
gwheels,

Did your girlfriend stayed beyond the expiry of original I-94. If not
then even after denial, she might not have lost her visa, as per INA 222 G,
the visa only becomes void if you overstay your original I-94.
 
How does INS determine the overstay. Is it the day from the extension is denied or the day I94 expired ? Moreover without grace period how can one got out of the country ?
 
Random, yes she did stay beyond the date of the original I-94. They only gave her a 2 week I-94 when she entered. She had a 4 month round trip plane ticket. That's what was so maddening. They pretty much do what they want. Last time she came with a 3 week plane ticket, they gave her 6 months on her I-94.
Of course, by the time we got back the denial, her I -94 was expired. It took them 2 months to process it. I had been thinking that I would get her a ticket back home before they made the decision, so not to take a chance on a denial and a voiding of the visa. Of course the processing dates on the internet site were way off, and we got the denial when the site said that they were processing requests 1 month before our date. Yes, I believe you are correct. The visa is not void if a person leaves before the date of the I-94. Then the visa is still good. They are not out of status until after the date of the I-94.
 
Desperate
They determine the overstay based on the I-94. If the request is denied, but they leave before the date on the I-94, then they have not overstayed. However if the date on the I-94 has expired, and then they get denied, then they are out of status. I know it is not fair that you are out of status the day they make the decision, but that's the way it is. There is no grace period and you are out of status even as the denial is in the mail, if your I-94 has expired.
 
Desperate,
The 1st time she came over she did not overstay, whe only stayed 3 weeks. The 2nd time I had a 4 month plane ticket and they only gave her 2 weeks. I was very dissapointed. That's when I filed for the extension and it was denied. They really didn't give a reason except to say that she failed to demonstate that she had reason to stay. It looked like a form letter to me, and of course I was bitter, but there is no appeal.
I am now in the process of getting her a K-1 fiance visa so we can get married.
Good luck with your situation. You may have to try and get her a new B2 visa.
 
Desperate
She has not come to visit 3 times only twice. Ist and 2nd times on original B2 visa. She did not overstay until the end of her 2nd trip. She has not tried to re-enter the US on the same B2 visa since the overstay. I do not believe that they would let her enter with the same visa. We have decided to get married and apply for a K-1 visa, rather than try for a new B2 visa.
The INS has a toll free hotline where you can ask questions to and get answers. I have called 3 times so far, each time being on hold from 15 to 40 minutes. The number is 1-800-375-5238. Monday thru Friday. Maybe they will have some other information for you. Good luck.
 
Desperate,

Did they give any reason for denial. Please let us know. I am palnning to
apply for my parent's extension. If there is any specific reason that they
have mentioned and can be avoided - that might help me to decide.

Thanks
random140.
 
Did his mom have a multilple entry visa that became void due to overstay ?
I spoke to one attorney and they said visa is not cancelled due to overstay less than 180 days. But if you attempt to come back in a short period of time, they might not let you enter the states.
 
No, she did not have multiple entry visa. She had to go in for a new visa
as old one had expired. But due to overstay they did not issue new
visa.
 
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