If visitor visa extension application is rejected?

[vkazhipu]

I am planning to extend the visitor visa of my mother.
IS there anything like, if we the extension application
is rejected, the 10 year visa stamped on passport
will be cancelled automatically. Nobody seems to be aware of this issue. Which means, next time you have to come to US, you have to go to Indian consulate for visitor visa?

[immihelp]

Actually, the law is very clear.

Your 10 year visa is void if your visitor visa extension application is rejected.

Please read www.immihelp.com/visas/extend.html (http://www.immihelp.com/visitor-visa-extension/)

[vkazhipu]

Can you kindly point me to the INS site where this law is posted.

thanks

[immihelp]

INS(USCIS) website is uscis.gov

[Jyot]

My aunt need to extend B2 visa this year and might have to come next year. She is holding 10 year visa. If visa is extended successfully, can someone comeback to USA having 10 year multiple entry B1/B2 visa. Thanks.

[immihelp]

Yes

[debonair17]

On the INS website I still cannot find the law which states "10 yrs visa is void" if extension is rejected.

[immihelp]

Search for 222(g) of the INA on USCIS website.

Either you trust us or do your own homework.

[debonair17]

I have reproduced the 222(g) verbatim here..
-----------------------------------------
(g)2/(1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay.

(2) An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant, except-

(A) on the basis of a visa (other than the visa described in paragraph (1) issued in a consular office located in the country of the alien's nationality (or, if there is no office in such country, in such other consular office as the Secretary of State shall specify); or

(B) where extraordinary circumstances are found by the Secretary of State to exist.
------------------------------------------
Nowhere is anything about extension of visa rejection mentioned. The above rule is known to everyone. OP had asked if extension is rejected whether the visa gets void immediately and the answer is NO. From the date of rejection INS usually gives 10 days to leave the country. If the person doesnt leave within the timeframe provided then the visa gets cancelled.

I am not an immigration lawyer.Obviously you know more than me. But unless you see the law written in official words we all have to take the advices with a pinch of salt. If you can so confidently give advices then you should remove the "No legal advice. Use at your own risk. " sentence from your signature.

[immihelp]

USCIS does not give any grace period.

The moment your visa is rejected, you are out of status. And because of that your visa is void automatically according to the first sentence of that law that you have reproduced.

Well, I understand what you are trying to say. But you also have to undestand that we are providing free service to our community and what we answer is mostly based on the laws that we read. I of course don't keep track of all the places that I read all the laws. And as I am working for free on this website, I can't afford to spend time to show everyone each and every place everything official is written down. If you require such personal attention, it would be best to consult immigration attorney.

[debonair17]

USCIS DOES give a grace period of 10 days

My inlaws extension was rejected in January this year and they were told they have to leave the country within 10 days of receipt of the rejection letter. It also mentioned if they dont leave within 10 days from the 11th day they would be illegal in this country

They left within 10 days and reapplied in May 2004. At Mumbai consulate they were asked why they extended and they gave the reason that they couldnt get tickets for dec during peak season ( and that was indeed the truth). Mumbai consulate then gave them 10 yrs visa. They are right now with us and wil be leaving in nov (this time within 6 months).

[sudeshb]

Thank you for seeking a direct explanation about automatioc visa - void due to "out of status" situation - arising out of extension denial

I had acouple of questions , if you do not mind answering.

A)when you recd a extension denail letter, did you recieve a specific time frame to exit US?
B) Also, you mentioned your parents got another 10 year multiple visa after application, is that becuase

they did not have one the last time they came,

and therefore they needed to reapply any ways , or their earlier visa got cancelled due to extension denial.

Any help is greatly appreciated

[debonair17]

Sudeshb

Please read my last post again and again and again. yes the last time my inlaws had only 6 months visa so they had to get another one for coming again..

[rsamir]

Has any one confirmed with layer regarding "10 year multiple entry visa getting cancelled if I-94 extyension is rejected?"

Thanks!

[srag]

I found this link

http://library.lp.findlaw.com/articles/file/00009/001446/title/Subject/topic/Immigration%20Law_Adjustment%20of%20Status/filename/immigrationlaw_1_641


based on which it seems that the visa voidance does not happen anymore

although not sure from when this lis applicable.

Cutting and pasting below from the link above


'The INS, in cooperation with the Department of State ("DOS"), has revised its interpretation of "remain in the United States beyond the period of stay authorized by the Attorney General" for unlawful presence and the automatic voidance of nonimmigrant visas under section 222(g). The INS will now consider as a period of stay authorized by the Attorney General the entire period during which a timely filed and nonfrivolous extension or change of status application has been pending with the Service, provided the alien has not engaged in any unauthorized employment. This authorized period of stay will continue until the date the INS issues a decision approving or denying the application.'


Thanks,
SR

[sevenvoltes]

I was applied for a visa for me and my son who is holding a singapore passport and would want to stay in America for more that 90 days.
The officer had rejected our application and unknowingly the waiver free visa was also void because I was already barged from entering in the USA.
I do not see any logic at this point. Will the USCIS give me an explanation?

I have been there for many times and I did not overstay neither do I work.

I was going through the proper channel but was rejected and the most painful part was my visa waiver was also revoked.

Can an american immigration lawyer appeal for my case?
or is there any way wherein I can take back my priviledge for waiver free visa?

[taco]

Found this relevant piece too;
(g) Effect on 222(g) of departure during pending E/S or CIS application.

(1) Aliens admitted until a specific date. Nonimmigrants admitted to the United States until a specific date who apply for E/S or C/S but who then leave the United States after the I-94 expires and before a decision on the application has been issued are not subject to section 222(g) of the Act if they can establish, to the satisfaction of the consular officer (if applying for a nonimmigrant visa), or to the satisfaction of the inspecting officer (if applying for admission at a POE) that they were in a period of stay authorized by the Attorney General prior to departure. The application must be timely, nonfrivolous, and the alien must not have engaged in unauthorized employment, as provided in chapter 15.15(e)(2)(iv) of the IFM. When these requirements have been met, the alien's nonimmigrant visa should not be canceled. (Revised IN 00-14)