Visitor visa extension and consequences

G

gvazz

Registered Users (C)
I have a question regarding visitor visa extension and possible consequences
if it gets denied.

My parents I-94 expires on July 23 and their 10yr Visa expires in 2011. I am planning to extend their stay for 6 more months and their is no emergency reason. There is good possibility that it may get rejected. In such a case and if they stay beyond I-94 expiration, their 10yr visa gets void. My question is

1. Are there any problems in getting a new visitor visa at later point of time, because of over stay beyond I-94 expiry date. I am taking a chance here, if EOS is rejected, they will be leaving immediately within the specified date from INS, which is well beyond I-94 expiration, since now a days it take 3-5 months to get the response.

My parents will not be coming very soon (before 2011) any way and they will have to let it expire the 10yr visa. So, can i take the risk of extension and getting the Visa void and reapply at later stage in 2011 or so. Will there be any problem at that time when they apply for new visa, because of this
over stay.

thanks in advance. I will have to plan immediately what to do and would like to get your views. Thanks so much..
 
This is what i found from this site..

http://www.visapro.com/Immigration-Articles/?a=173&z=64

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III. How to avoid Overstaying and its Consequences


1. Check the expiration date on your I-94

You must leave the U.S. on or before the expiry of the authorized period of stay granted at admission or with any subsequent Extension of Stay or Change of Status, unless you file a timely, non-frivolous application for Extension of Stay, Change of Status or Adjustment of Status.

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Correct me if i am wrong, doesn't this mean as long as there is a pending EOS application, it is considered over stay of the date on I-94?

Also this says, if there is an over stay, the applicants have to get the
visa from their country of origin. It doesn't say the visa will not be issued.

So, if we have applied for EOS and have all the required documentation of
the travel itenerary, and didn't over stay beyond the date mentioned after the EOS is rejected, on what grounds the future visa will be rejected?

Thanks for your help..
 
If they intend to apply for a new visa in the future, it is foolish to apply for an extension unless there are circumstances justifying it. If they apply and are denied, you will be back in the future asking how they can justify getting a new visa afte their denial.

Staying more than 6 months is living in the US. Even people who are retired have family business to attend to at home.
 
I only read this thread now and by now probably you have made some decision about extension.

My parents had 5 year visa which expire August 3rd 2008. They stayed in 2003 3 months and 2005 Dec to 2006 Dec one year(I was on /h-1B then and my spouse on H4). I applied for extension stating the touring reason and it was approved in three weeks.

They went for another visa appointment in Chennai in July 2008 as we were planning to bring them on October 2009. They did not ask any questions, just asked for original approval of extension and approved. And their 6 month visa was expiring on April 10th 2009 and we mailed (applied) for extension (touring reason) on 14th Feb 09(Satday)(8 weeks before expiry) and got receipt notices on 21st Feb 09(sat day) and approval on 28th feb 09 (satday). We did a paper filing with both of our w2's both employment verification letters and both of our paystubs for past two months(currently we are on GC).

Visitor visa extension was pretty easy to me. As far as i know, the important thing is just make sure to maintain good breaks of more than 6 months between visits and more time spent in India than here. If they find out that the parents are living more here than India without any medical reason, visa may not be a problem but I have heard they will cut short the stay at port of entry to 3 months in many I cases I know.
 
That is indeed the key. Unfortunately a good number of frequent visitors do not adhere to this logic.

knowDOL said:
the important thing is just make sure to maintain good breaks of more than 6 months between visits and more time spent in India than here.
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