Vistor extension rejected - how much time to leave?

jamutha

New Member
Hi,

My mom's visitor visa extension application has been rejected and they sent a letter saying that the visitor is now no more in a valid non-immigrant status.

Some details: the I-94 date is July 3rd 2002 and I got the extension denial notice just today (Sep 18th 2002). I have been expecting a response from INS and I was told that the visitor is allowed to stay until we hear from INS about a decision.

Now that I have the decision (denial) how immediately *must* the visitor leave? I got a return ticket for Oct 2nd (in two weeks). Is it ok if the visitor leaves in 2 weeks?

Appreciate anyone that can throw some light or share their experience.

THANK YOU in advance !!
 
B2 denial

I think your parents should be ok unless and until INS has specified a date of departue on the denial notice.

Talk to people on the board as to what they have done in such an event or the best thing to do is talk to an experienced immigration lawyer.


Hope this helps


All the best
 
Your parent should leave as soon as possible. Two weeks seems like a reasonable time but bear in mind that she is currently accumulating unlawful presence. Once she returns hime, she will need to apply for a new visa.

In the past, the INS gave a 30 day period to depart but that ended with with the 1996 Act. Under Section 222(g), the visa becomes void once you are here beyond your authorized period of stay. The authorized period of stay ended on the date of the denial.
 
I have similar situation for my mon's b-2 visa extension. We have sent INS application for extension and are waiting for results as her visa expiring date approaches.

I'd appreciate it very much if someone can clarify on this more: Is there any formal rule given by INS regarding how long a person can stay after receiving the denial letter? because it always takes few more days to arrage return flight.What does it mean by accumulating unlawful presence? Any trouble on applying for visa next time if someone has a few days of unlawful presence?
Anybody have similiar experience?

Thanks a lot in advance.
 
Top