What are my options?

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belacut

Registered Users (C)
My mom only got 1 month at POE. She travels to US frequently and her last visit is Jun - Sept 06. (8-9 months ago).
This time, today 5/19, she only got 1 month. I want to get her extended and what are our options?

I heard, as soon as I filed I539 for extension, she is legally to stay for another 120 days until the decision has been made. (Source from Immihelp.com) Can anyone who can verifies that?

When getting the extension, should I restrict to 6 months or I can actually pick an extended date like end of this year? (That will make her trip 2 months over the 6months period)
 
belacut said:
My mom only got 1 month at POE. She travels to US frequently and her last visit is Jun - Sept 06. (8-9 months ago).
This time, today 5/19, she only got 1 month. I want to get her extended and what are our options?

I heard, as soon as I filed I539 for extension, she is legally to stay for another 120 days until the decision has been made. (Source from Immihelp.com) Can anyone who can verifies that?

When getting the extension, should I restrict to 6 months or I can actually pick an extended date like end of this year? (That will make her trip 2 months over the 6months period)
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Travelling to US frequently is NOT the problem. How long she stayed in the previous visits is what matters. Did she stay for the full 6 months? If so that might be the reason why she was given only 1 month at the POE. I don't think it is worth the risk in applying for an extension bcos it is bound to get denied. If it gets denied after the I-94 date expiry her visa becomes void. Better to leave before the I-94 date. B-2 visa is for visiting and for short social visits, THIS IS NOT MEANT TO BE USED FOR BABY-SITTING OR LIVING IN THE U.S FOR EXTENDED PERIOD OF TIME
 
After filing an I-539, an applicant can stay in the US until it is adjudicated. There is no magic number of 120 days. I would advise you not to file an I-539 for your mother. Reason being, that she got a restricted I-94. I personally think (and I may be wrong) that a restricted I-94 will carry a greater chance of the I-539 being denied. At the end of the day, it is your call.
Good luck!!!

belacut said:
I heard, as soon as I filed I539 for extension, she is legally to stay for another 120 days until the decision has been made. (Source from Immihelp.com) Can anyone who can verifies that?
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chennai_123 said:
Travelling to US frequently is NOT the problem. How long she stayed in the previous visits is what matters. Did she stay for the full 6 months? If so that might be the reason why she was given only 1 month at the POE. I don't think it is worth the risk in applying for an extension bcos it is bound to get denied. If it gets denied after the I-94 date expiry her visa becomes void. Better to leave before the I-94 date. B-2 visa is for visiting and for short social visits, THIS IS NOT MEANT TO BE USED FOR BABY-SITTING OR LIVING IN THE U.S FOR EXTENDED PERIOD OF TIME
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See my original message, she only stayed from Jun to Aug on 06. And returned to US on 5/19/07 (So, it is more than 9 months ago since she last visit to the US)
Where do you get the "VISA VOIDED" after the I94 extension is denied?
 
this is where we get into murky waters.

The law states overstay triggers voiding the visa.

But if you call the consulate they still consider your visa valid. and will not issue a new visa. No one else is any help.

The only way to find out the status is being denied entry on your next visit. That is when the visa is stamped canceled and you are turned back.

But if you can prove that you departed timely upon receipt of denial then u are ok.

So a gamble it is but not a grave one IMHO.
 
belacut said:
See my original message, she only stayed from Jun to Aug on 06. And returned to US on 5/19/07 (So, it is more than 9 months ago since she last visit to the US)
Where do you get the "VISA VOIDED" after the I94 extension is denied?
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I personally know of my neighbour's mom who was denied entry the next time for overstaying their previous visit beyond their I-94 date, inspite of applying for a timely extension. It all depends upon the officer at the POE on how stringently he applies the rule 222(g). If i were you i would'nt apply for extension and stay past the I-94 date. In the end it is your call, i am just cautioning you...
 
chennai_123 said:
I personally know of my neighbour's mom who was denied entry the next time for overstaying their previous visit beyond their I-94 date, inspite of applying for a timely extension. It all depends upon the officer at the POE on how stringently he applies the rule 222(g). If i were you i would'nt apply for extension and stay past the I-94 date. In the end it is your call, i am just cautioning you...
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I appreciated for your input. I just want to learn more and weight in all my options before I do anything. As matter of fact, I get this information from the CBP website: It said, for any person who have I94 extension denied will have 30 days to leave US.

http://www.cbp.gov/xp/cgov/toolbox/questions/ (in the Q&A Session)
 
waitin_toolong said:
this is where we get into murky waters.

The law states overstay triggers voiding the visa.

But if you call the consulate they still consider your visa valid. and will not issue a new visa. No one else is any help.

The only way to find out the status is being denied entry on your next visit. That is when the visa is stamped canceled and you are turned back.

But if you can prove that you departed timely upon receipt of denial then u are ok.

So a gamble it is but not a grave one IMHO.
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I know overstaying will void the VISA but it didn't say if you are overstaying on pending the decision from USCIS will serve the same cause. Do you have reference for me to learn?
 
It all depends on how strictly one applies INA 222(g). A hardlined DOS/DHS officer may give a failed EOS applicant a tough time, just one of the many possibilities.
 
belacut said:
I know overstaying will void the VISA but it didn't say if you are overstaying on pending the decision from USCIS will serve the same cause. Do you have reference for me to learn?[/QUOTE

The applicant will be in status until the decision is made, BUT HERE is the catch, the moment the decision is made and the result is Denial of extension, then that person becomes out-of-status if he/she stayed past the original I-94 date. There is NO GRACE PERIOD. Secondly in order to get an extension you need to have a very valid reason, reasons such as visiting tourist places, spending time with family etc WILL NOT WORK. If you have a very convincing reason then you can apply.
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chennai_123 said:
belacut said:
I know overstaying will void the VISA but it didn't say if you are overstaying on pending the decision from USCIS will serve the same cause. Do you have reference for me to learn?[/QUOTE

The applicant will be in status until the decision is made, BUT HERE is the catch, the moment the decision is made and the result is Denial of extension, then that person becomes out-of-status if he/she stayed past the original I-94 date. There is NO GRACE PERIOD. Secondly in order to get an extension you need to have a very valid reason, reasons such as visiting tourist places, spending time with family etc WILL NOT WORK. If you have a very convincing reason then you can apply.
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But the CBP website quoted, there will be a 30 days grace period?
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belacut said:
chennai_123 said:
But the CBP website quoted, there will be a 30 days grace period?
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Consult an immigration lawyer. As far as i know there is no grace period for visitor visas. There are grace periods for student and other visas. In my neighbour's mom case they did depart after 15 days of receiving the denial letter, but inspite of that they were refused entry. It all depends on the person at the POE. If he is hard-headed you will be helpless. If you are convinced that your reason for extension is solid then you can apply. Bcos your mom got a valid stay only for 1 month, i presume that the officer at the POE suspected your mom's intentions. He might have made some notes on his computer that you and I might not know. So better to play by the rules and have your mom leave early and then let her not come to the U.S for the next 1 year, so that next time she gets a 6 month stay. My 2 cents advice.
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yes it's advisable not to file extension in your case.

Question to Chennai_123,
In your neighbor's case, How much gap was there between the visits? I'm thinking along the lines that a long gap (say 2 to 3 years) between the visits that wouldn't have triggered the visa denial at POE...

thanks!
 
robin_m said:
yes it's advisable not to file extension in your case.

Question to Chennai_123,
In your neighbor's case, How much gap was there between the visits? I'm thinking along the lines that a long gap (say 2 to 3 years) between the visits that wouldn't have triggered the visa denial at POE...

thanks!
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They came after 1 year. Admission depends on the officer at the POE. There are people who have been admitted after their extensions were denied, but there are people who were denied entry OR given restricted stay on their subsequent visits. It depends on how stringently the officer at the POE applies the rule 222(g). Some people don't care, some are referred to Secondary inspection, where the supervisor determines whether to admit this person or not ... So it is a grey area and hard to predict on what the officer would do.
 
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