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  • Worry about my next entry to USA

    Last year November 25th ,2016 I came here to visit my sister and Officer stamped 6 months stay for me and l stayed until april 30th 2017. I wanted to visit my sister again this year to see her and my niece and this time the officer stamped 3 months stay in USA, is it gonna effect my next visit time to USA ? I mean next time if the officer see they stamped 3 months to my previous visit , They will stamped again 3 months or less ? l did not over stay or never be out of status.
    Also I applied for extension (i-539) but l am not going to wait their answer because l do not wanna be out of status. Also applying for i-539 is negative impression on them ??
    I know lots of people applying for it more than once and they did not have any problem when they entered the USA.

    (Summary of my story: I came to United States on September 13th, 2017. My return ticket is March 5th, 2018. I was planning to stay here for six months. But the immigration officer stamped in my passport until December 11th, 2017 (3 months) .I applied i-539 for extend my Nonimmigrant Status. On the web site they told I need to send my form at least 45 days before my leaving time. I sent it 55 days before it. They received my form On October 18, 2017. I still do not hear from them and I called the customer service for asking if I do not receive my result until December 11th, 2017 (which they stamped in the airport.) They told me they are still working on March’s cases! (So why they are accepting new forms if they are very behind the schedule?) Officer told me l can stay during my cases is pending maximum period of 240 days.
    If my application for extension is denied after my previously approved stay has expired and I am still in the United States, I will be considered “out of status” as of the date my original period of stay expired. And he told me they are going to cancel my visa and I need to apply for it in my country again. I do not want to take any risk and I will go back. )

  • #2
    Originally posted by MelissaB View Post
    Last year November 25th ,2016 I came here to visit my sister and Officer stamped 6 months stay for me and l stayed until april 30th 2017. I wanted to visit my sister again this year to see her and my niece and this time the officer stamped 3 months stay in USA, is it gonna effect my next visit time to USA ? I mean next time if the officer see they stamped 3 months to my previous visit , They will stamped again 3 months or less ? l did not over stay or never be out of status.
    Also I applied for extension (i-539) but l am not going to wait their answer because l do not wanna be out of status. Also applying for i-539 is negative impression on them ??
    I know lots of people applying for it more than once and they did not have any problem when they entered the USA.

    (Summary of my story: I came to United States on September 13th, 2017. My return ticket is March 5th, 2018. I was planning to stay here for six months. But the immigration officer stamped in my passport until December 11th, 2017 (3 months) .I applied i-539 for extend my Nonimmigrant Status. On the web site they told I need to send my form at least 45 days before my leaving time. I sent it 55 days before it. They received my form On October 18, 2017. I still do not hear from them and I called the customer service for asking if I do not receive my result until December 11th, 2017 (which they stamped in the airport.) They told me they are still working on March’s cases! (So why they are accepting new forms if they are very behind the schedule?) Officer told me l can stay during my cases is pending maximum period of 240 days.
    If my application for extension is denied after my previously approved stay has expired and I am still in the United States, I will be considered “out of status” as of the date my original period of stay expired. And he told me they are going to cancel my visa and I need to apply for it in my country again. I do not want to take any risk and I will go back. )
    I would advise you leave by December the 11th. Your chances of getting an extension would be very slim, and you are correct about being out of status from the original I-94 expiry date if denied. You were here for 6 months, only went home for 4 months and then came back trying to stay another 6 months. That seems excessive and that's why the POE officer issued 3 months instead. It's a warning to use your visa correctly. They are looking for long stays, extensions, and frequent visits. Many people try and live in the U.S. under the pretense of "visiting" under the B1/B2 visa. If it looks like this is what your doing, they will issue very short dates of stay, maybe even a week or two sometimes. After returning home this time, I would wait a good while before returning. The longer the better.

    This is my opinion and not legal advice. Use of this information is strictly at your own risk.

    Trinity71

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    • #3
      Originally posted by Trinity71 View Post
      I would advise you leave by December the 11th. Your chances of getting an extension would be very slim, and you are correct about being out of status from the original I-94 expiry date if denied. You were here for 6 months, only went home for 4 months and then came back trying to stay another 6 months. That seems excessive and that's why the POE officer issued 3 months instead. It's a warning to use your visa correctly. They are looking for long stays, extensions, and frequent visits. Many people try and live in the U.S. under the pretense of "visiting" under the B1/B2 visa. If it looks like this is what your doing, they will issue very short dates of stay, maybe even a week or two sometimes. After returning home this time, I would wait a good while before returning. The longer the better.

      This is my opinion and not legal advice. Use of this information is strictly at your own risk.

      Trinity71
      The DHS / CPB will ask the strong reason for your why you need to stay over 5 months? how can you balance your life even you do not have income in there, question you are working in there without work visa and why reschedule your air ticket? normally they will grant only few days / weeks for you stay there, if you must go there you should find the strong reason first, hope can help you!

      Regards,
      An

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