VISA B2 BY USCIS

español

Member
Good evening. I would like to know if the B2 VISA granted by USCIS is valid for 10 years.
USCIS has approved my change of status from J2 to B2 for 1 day ...
Thank you.
 
USCIS does not issue visas, embassies issue the visas. Sounds like you applied for a change of status, and this was granted for one day?
 
Thank you very much for the clarification @Sm1smom. That is, the change of status to B2 is not valid as the B2 VISA. It is a status to stay in the USA but it does not allow entry and exit as a tourist. They effectively approved the change of status for 1 day. Which I don't understand. I have requested the extension.
 
Earlier on the AOS thread, you previously stated the change of status from J2 to B2 for your over 21 child was already approved, and you have subsequently filed for an extension of the B2, right? Is this the same extension outcome you’re now asking about? Seems like USCIS approved the B2 extension from what was originally granted by one day (although you were hoping for another six months stay for your child). Remember Susie did inform you on the AOS thread the extension request could be denied. A six month extension is never guaranteed.

Your child cannot remain in the US beyond the granted one day extension, anything beyond that becomes an over stay.
 
Yes @Sm1smom Indeed that is the case.
Does it mean that you are currently pending the resolution of the extension, request it the same day, would you be accumulating days of prolonged stay?
 
I’m sorry I don’t understand your question. Is it not the B2 extension that already got approved for 1 day? Are you asking about filing for another extension to that?
 
I have explained myself as a sorry closed book.
The change of status from J2 to B2 for one day was approved. That same day, request the extension. You have already gone to the biometric data collection. We are waiting for the resolution. What I was asking is if during this time we are waiting for an answer you are adding days of illegal stay if the extension is not approved (it would be the first extension)

CLASS B2
VALID FROM 09/02/2021 UNTIL 09/03/2021
 
When did you file your B2 extension of stay? (i.e. what is the "received date" on your I-539 receipt for your B2 extension of stay?)
 
Hi @newacct. Thank you for your interesting in our case. The date of receipt is 09/04/2021 for B2 extension.
CLASS B2
VALID FROM 09/02/2021 UNTIL 09/03/2021
 
So you're saying you filed your first I-539, a Change of Status to B2, and it was approved 9/2/2021 with an I-797A with an attached I-94 showing B2 status expiring 9/3/2021? And you filed a second I-539, a B2 Extension of Stay, and it was received by USCIS on 9/4/2021? Didn't it take at least a few days from approval for you to receive it in the mail? and a few days for your new mail to reach USCIS?

In any case, if my understanding of the dates is correct, then your second I-539 (B2 EOS) was filed after your B2 status had expired. Therefore, it is a "late" EOS, and USCIS generally does not accept late EOS/COS without a good cause. Since it was "late", it does not protect you from accruing unlawful presence while it is pending, unless it is approved. So, if it happens to be accepted and approved, you will not be considered to have accrued unlawful presence; but if it is denied, you will be considered to have accrued unlawful presence since the I-94 expiration.
 
Hi @newacct ,

The situation of dates is as you related and indeed there is an I94.
The B2 EOS submit everything through the USCIS website as well as the change of status J2 to B2. The EOS presented it and paid on 09/03/2021 at night but the entry in USCIS is given to me on 09/04/2021.

Thanks for the clarification of the time of illegal presence. I hope they don't take long to resolve. I will keep you informed of the resolution.

Thank you all very much for your time. Much appreciated.
Have a great week.
 
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