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  • B2 extension help

    Hi, everyone, I plan to apply green card for my parents, so I did not file B2 extension for them. Now their I-94 is expired for 2 months. However, my father needs to travel back home immediately. Here is my questions
    1. could I file I-94 extension now? under USCIS website they mention in rare cases, they may accept
    2. should my father apply another B2 visa? How long should he wait before he can apply again? I heard "5 years bar" or "10 years bar"
    3. I can also file green card application for him, but will he encounter problems when he go for interview for 485? If he got denied, then he can not apply B2 again, then how should we do?
    Thanks in advance for anybody who can help me.

  • #2
    1. I would not suggest to apply for I-94 extension now.
    2. He may be eligible for visa interview waiver. Please read eligibility at, https://www.immihelp.com/visa-interv...visa-in-india/

    Did he overstay? he can apply for new visa. I don't understand what kind of bar are you talking about?

    3. Most likely not if he has used his visitor visa in wisely manner.
    This is not a legal advice. Use at your own risk.

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    • #3
      Thanks for your reply. My father 's I94 already expired for 2 months, and I have not submited extension yet. If he has to travel outside US, then his B2 visa is void because of his overstay. In this case, should he apply for another B2 visa in home county or wait for green card interview? I am concerned that his green card (I485) could be denied because of his overstay in USA.

      - - - Updated - - -

      Regarding overstay, I heard from somebody that if you overstay is less than 180 days, you are subjected to "5 year bar", which means you can apply visa or come to USA in 5 years. is this correct?

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