When does overstay apply and B-visa get voided?

gramkumar

New Member
My mother-in-law has a 10-yr B-visa. She applied for an extension of stay and her application was acknowledged and in process when she departed the U.S. Then well after her departure from the U.S., the application was denied. Does it mean her 10-yr visa was voided, and she needs to reapply for a visa? Reading through the posts on this forum, information on this topic seems somewhat conflicting. Is there any way to find out if a visa has been voided or still in force? Would the local (Mumbai) consulate even take up a new application for a visa given she already has a 10-yr visa? Please advise.

Here are the details of the case. My mother-in-law stayed in the U.S. for about 9 months between June 2002 and March 2003. The stamp on the passport allowed her to stay for 6-months (until Dec 2002). Prior to the expiry of the stamp, we sent in a request for extension of B-visa and got a receipt for the application from INS. In February 2003 she received a letter requesting additional documentation - an affidavit of support. The letter stated a due date in March 2003, and this due date was AFTER her departure date from the U.S. She left the U.S. as planned in March 2003 prior to the due date. We never provided the additional documentation. Then, much later in 2004, the request for extension was denied due to lack of additional documentation. The denial arrived long after she left the country. So this prompts the question - does this mean her 10-yr visa is void, and we need to reapply for her visa?

Thanks for your help!
 
My Parents have applied for extension of stay in thier last visit and were denied. They left about two weeks after the recieving the denial letter. This was in May '04. They have 10 year VISA. They came back on May 19 '05 through SFO and were granted 6 month stay. They were not asked about the previous stay.

VK
 
No problems at port of entry

fyi, my mother in law entered the U.S. today - there were no problems at the port of entry and she got a stamp on the I-94 allowing her to stay for 6 months. The inspector did not ask her about the previous visit.
 
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