how long to wait for extension

[aneto]

Hi,

we filed for my mom's B2 extension exactly 45 days before the I-94 expiry. There is still no answer (i-94 expires next week) and she is on a 10 year visa so we don't wan't to run the risk of invalidating this. What's the best way to proceed here?
If, potentially, the online tracking system shows a rejection and my mom leaves the country before we get the rejection letter, is she safe from invalidating the 10 year visa?

Thanks

[peace]

Extension system is not perfect and can create problems.It is quite common for the response to come after I-94 expiry.

If she leaves after the I-94 expiry but before the response or within 1-2 days
after a denial notice, legally she will be fine. But, technically the system will record an overstay because she will deposit an expired I-94 at the airport.

In such a case, she will have to carry the following to prove to the officer, when reentering US the next time;

1.evidence of date of her departure from US (there is no US departure stamp in existence while leaving US). Such evidence can be an airline boarding pass and an arrival stamp of home country on the passport.

2. COpy of her I-94 (keep a copy before depositing at airport)

3. Extension approval/denial notice.

In case she wants to avoid any conflict at future entries, she should leave
now before the I-94 expires.


Hi,

we filed for my mom's B2 extension exactly 45 days before the I-94 expiry. There is still no answer (i-94 expires next week) and she is on a 10 year visa so we don't wan't to run the risk of invalidating this. What's the best way to proceed here?
If, potentially, the online tracking system shows a rejection and my mom leaves the country before we get the rejection letter, is she safe from invalidating the 10 year visa?

Thanks

[aneto]

Thanks for the explanation of how overstay is treated. But how about the rules on voiding the current visa? Assuming one has overstayed, at which point does the visa become void, at the point when the online status system is updated with the denial, at the point when the actual denial letter is received, or later, when the I-94 expiry has been detected by the sytem and matched with the denial letter?

Thanks.

[peace]

It does not matter at which point the visa gets void.
Because it all boils down to one thing----the CBP officer(s) at entry airport. He is the one who is going to determine if your visa is void or not. If you left US right after receiving the denial notice, your visa is NOT void and mostly, there should not be any problems at re-entry but many times there are and you must prove this to him.

If you overstayed without any extension application, your visa is void without a manual cancellation which really means
that when you enter next, the CBP will detect it, stop you and cancel it manually.




Thanks for the explanation of how overstay is treated. But how about the rules on voiding the current visa? Assuming one has overstayed, at which point does the visa become void, at the point when the online status system is updated with the denial, at the point when the actual denial letter is received, or later, when the I-94 expiry has been detected by the sytem and matched with the denial letter?

Thanks.