Visitor Visa Extension

K

krishnaGopal

Registered Users (C)
Hi, my mother-in-law has 10 years B2 Visa. When she came to US for the first time in 2002, she got an I-94 valid for 6 months. They returned to India after staying for 4 months.

Now she came to US again in June 2004 and she was given I-94 valid only for 3 months. Her I-94 expired on 31 August 2004. We filed for an extension on July 20th for 9 more months at California Service centre.

1. Will she get an extension for atleast 3 months since the visitor visa is generally for 6 months??

2. Would like to know what happens if her extension is not approved??

3. Will she become out of status on the day of denial?

4. What happens to her 10 year multiple entry Visa??

5. Is it advisable to wait till the response is out or should she leave before any response to avoid any status issues?

Thanks in advance.
 
Last edited by a moderator:
Hi, Here are some answers as I understand your situation.
1) No, not necessarily, they could deny your extension request.
2.) If the extension is not approved, she will be out of status on the date that they deny the extension. (which is the date they process it at their center, before they mail it back to you.) At that point, while the letter is back in the mail to you, she will start accuring unlawful presence. Now her 10 year visa is now void.
3.) Yes, she is out of status the day they deny it.
4.) It is void as of the date of denial.
5.) It is best to leave before you get a response if you think she may be denied. Otherwise her 10 year visa is void, and she will have to reapply to get another visa. I was told by a lawyer that they may let her back into the country on the same 10 year visa, but it is by no means a sure thing. By the way, as I understand it, you cannot apply for more than a 6 month extension. Just by filing and asking for 9 months, this may be enough for them to deny your request.

I also applied for an extension on a B-2 visa for my girlfriend, at the CCS in May of this year. It was denied, and she left a week after we got the denial in the mail. Afterwards, I talked to an immagration lawyer and she shared some of the information above with me. Also, if you have her leave early, be careful with the date that she leaves. When I recieved my denial, they hadn't even posted and updated the correct dates on their internet site. (Date of receipt) I got my denial back in the mail, before they had posted on the internet site that they were working on cases with my receipt date. I hope that this helps.-----Gary
 
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