VISA VOID or Canceled ?

E

earthlover123

Registered Users (C)
we have applied for B2 extension before it expires but we have 5 years visa .
But we have not got any decision from USCIS .
If we wait for decision even after time allowed to stay ,
will 5 years visa void automatically ?
If we choose to leave US after 15 days , and wanna to come back in the same 5 years visa ,
will USCIS deny US to enter US ?
Please help
 
If your extension is approved the visa will be OK.

If the extension is denied and you have stayed past your original entry time, the visa is void.
 
CBP Officer said:
If your extension is approved the visa will be OK.

If the extension is denied and you have stayed past your original entry time, the visa is void.
Click to expand...


As long as there is no malicious intent on filing the extension (timely filled) and valid reason; even if the extension is denied the VISA is still valid.
I have done extensive research on this ; and people who were denied extension came back on the SAME visa and got I-94 for 6 months.

Also read in detail 222(G).

Thanks
 
Are you sure about this? Everything that I've read seems to indicate the oposite: if over on over stays and extension application is denied, visa automatically voided. My mom is currently in this situation where we applied for an extension a few weeks before her I-94 expired and we are still waiting for a decision. Meanwhile, she's getting ready to go back in a couple of weeks (which is before the date we had requested her to be extended to). What happens then, if she leaves and her application is still pending? Visa void? Need to reapply back home?
 
mannygil said:
Are you sure about this? Everything that I've read seems to indicate the oposite: if over on over stays and extension application is denied, visa automatically voided. My mom is currently in this situation where we applied for an extension a few weeks before her I-94 expired and we are still waiting for a decision. Meanwhile, she's getting ready to go back in a couple of weeks (which is before the date we had requested her to be extended to). What happens then, if she leaves and her application is still pending? Visa void? Need to reapply back home?
Click to expand...
If you have pointers to these articles, please show it to us.
You are confused with STATUS and VISA. What you can extend in the US is STATUS. If your extension of STATUS is denied, you have to leave before I-94 expires. But it does not void VISA itself. YOu can use it next time you enter the US as long as VISA is valid.
 
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If you leave after the I-94 expired and you did not apply for an extension, then the visa stamp is voided.

If you leave after the I-94 is expired, but you had an extension that is pending (and was applied prior to I-94 expiration), then the visa stamp is still valid. The extension application must be clearly non-frivolous, and the person must not have worked without authorization). This is a gray area since many extension applications are actually frivolous - why would you need another six months to tour the US etc. Some many be valid like medical reasons etc.

If you leave after your I-94 is expired and after the extension was denied before you left, then your visa stamp is voided.

http://www.shusterman.com/222g.html and may be later documents as well.
 
GotPR? said:
If you have pointers to these articles, please show it to us.
You are confused with STATUS and VISA. What you can extend in the US is STATUS. If your extension of STATUS is denied, you have to leave before I-94 expires. But it does not void VISA itself. YOu can use it next time you enter the US as long as VISA is valid.
Click to expand...

Hi GotPR. I actually know quite well the difference between VISA (my mom's valid for another 8 years) and Duration of STATUS (6 months from date of admission). We have applied for an extension of her STATUS and we did so before her I-94 expired. Haven't heard yet and she's travelling back in 2 weeks, her I-94 has already expired. I know she's still in STATUS because of the pending application, but see this link for what I am talking about. It clearly states quite the opposite of what is being said in this thread (2nd page, 3rd from the bottom). Granted it may be outdated info, but it is the only "official" reference I found, as it comes from the State Department.

http://foia.state.gov/masterdocs/09FAM/0940068X1.PDF

Thanks for your reply!
 
See page 3 of http://foia.state.gov/masterdocs/09FAM/0940068N.PDF

which states the following (and is dated recently):

9 FAM 40.68 N2.2-3 Aliens with Pending Change of Status
or Extension of Status Applications
(CT:VISA-803; 04-27-2006)
An alien is not ineligible under INA 222(g) even though the departure date
on Form I-94, Arrival-Departure Record, passes, if:
(1) The alien files a timely application for extension of stay or for a
change of status; and
(2) The application is subsequently approved. In addition, if an alien
departs after the date on the Form I-94 passes, but before his or
her application for extension or change of status has been decided
by the Bureau of Citizenship and Immigrations Service (BCIS), they
shall be subject to a blanket exemption from INA 222(g), if the
application was filed in a "timely manner" and is "nonfrivolous" in
nature. A consular officer may consider an application nonfrivolous
if it is not, on its face, a groundless excuse for the applicant to
remain in the United States to engage in activities incompatible
with his or her status. Posts may be satisfied that an alien filed in a
timely manner using evidence such as the dated receipt or canceled
check from BCIS for the payment of the application fee to extend or
change status together with evidence of the expiration of the alien's
legal status.
 
Excellent find. 2 more questions and hopefully I'm done.

Hi Raj1994,

Thanks for that finding! That makes sense. However, two more questions: What if an application for extension is denied but my Mom departs shortly after she receives the letter (given the current circumstances, if she gets a denial she will be out of the country in less than 2 weeks )... Is the visa void then?

Lastly, assuming departure before a determination of the application for extension is made and the I-94 was submitted with the application, will that be a problem at time of departure? What can be used in lieu of the I-94? We have a copy and of course the I-539 receipt...

Thanks much!
 
If her departure date is after the date the USCIS makes a denial decision, then she would be subject to 222(g). Even if she leaves the US earlier, proving that the extension application is nonfrivolous might not be easy. She might need to have strong proof of this filing the next time she enters the US.

Many forms do state that the original I-94 be submitted along with the application. However that is not correct. Only copies are needed. They never update the forms. See http://www.uscis.gov/graphics/howdoi/hdiorig.htm
 
Is it going to apply on old cases

This seems to be a new law on April 27th 2006, will it apply to cases filed earlier to it.
 
Isn't it bizarre, the idea is that you should not apply for extension soon enough because they may reject and on the other hand they take 3 months to process extension application and then you are supposed to leave before your I-94 expries. So it means you have to apply atleast 3 months before the I-94 expries, may be 4 months to be on safe side, isn't it soon enough.
 
Questions,Please help!!!

I am bit confused.
I have applied for the extension of my mother in the month of April 2006. Her I-94 is going to expire in another two weeks (10 June 2006). She has 10 years mutiple entry visa. I have the following questions.

1. What happens if she stays beyond her i-94 date 06/10/2006, we receive the denail letter say in July. What heppnes if she leaves with in 7-10 days? Will her 10 years visa void?

2.What happens if she stays beyond her i-94 date 06/10/2006, we do not receive the denail letter and if she leave say in July before we hear a decision. Will her 10 years visa void?

3. I have seen the LUD( last updated date) from USCIS Web site changed two three times in May ( for that matter yesterday). Does this mean if some one is working on the case? Has anyone seen this happenning? if so how soon after this one can expect a decision?
 
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retrohatao said:
I am bit confused.
I have applied for the extension of my mother in the month of April 2006. Her I-94 is going to expire in another two weeks (10 June 2006). She has 10 years mutiple entry visa. I have the following questions.

1. What happens if she stays beyond her i-94 date 06/10/2006, we receive the denail letter say in July. What heppnes if she leaves with in 7-10 days? Will her 10 years visa void?

---- Yes.

2.What happens if she stays beyond her i-94 date 06/10/2006, we do not receive the denail letter and if she leave say in July before we hear a decision. Will her 10 years visa void?

---- Not necessarily. It will be up to her to prove that her extension application was nonfrivolous. If she cant (which is possible since the USCIS denied the request), then she would have overstayed her I-94 and the visa stamp is void.

3. I have seen the LUD( last updated date) from USCIS Web site changed two three times in May ( for that matter yesterday). Does this mean if some one is working on the case? Has anyone seen this happenning? if so how soon after this one can expect a decision?

---- Possibly they are working on the case, and you might get a decision any time. Of course no gaurantees.
Click to expand...

One thing that will be asked is what possible tourism (or other genuine) related reason can be for her extension.
 
As I said earlier it is creepy system run by some morons, specially the 2nd point , that is if you overstayed but left before the denial, then u may be fine, but if you leave even after one week of denial you are in trouble. It is like a glitch in the system, if you want to overstay for 2-3 months, just apply on the day I-94 is expiring.
And moreover if they have to be so strict, then they should improve processing time.
As I have already applied, I am ready to take the risk no matter what happens.
 
Update on my situation

I just wanted to follow-up with my own experience (my Mom's actually). Since last I posted, my Mom departed the US after her I-94 expired and while her application for extension was still pending (and which was timely submitted before the expiry date on her I-94).

The reasons for her extension application are all family-related so I will not get into them. We flew her back to the US within 2 weeks of her trip home and she was admitted with the same 10-year B-2 visa and was granted a 6-month stay on her I-94. No major questions were asked. She simply stated her family-related reasons for returning, indicating that it will be another long stay, etc. I had coached her on some points, and I had her carry copies of all documentation related to her extension application and a cover letter explaining everything related to her recent stay, the pending application, why she is returning so soon, why this time no extension will be required and why she will return home even though it will be another prolonged stay. She didn't have to produce any of these documents nor did she volunteer them.

During our research on this topic, we called the State Department wondering about the status of her visa should her application be denied, remained pending, etc. It basically all came down to this: It depends on how the CBP officer at the point of entry handles it. He/she could see reasons to deny entry or he/she could simply see no harm in letting my Mom in.

The moral of this story really is that there is no moral. Our situation was such that we just had to take our chance. Fortunately for us and my Mom it all went smoothly. This is not to say that it will be the case for someone else...As I said, it is all in the hands of the officer at the point of entry. In the future I will always have her travel with the same documents, just in case. My Mom will go back home after this visit, and will probably stay there for a long time before traveling back to the US for another visit.

P.S. Her extension application is still pending.
 
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