Can I re-apply for I-539 after the 1st denied?

[bbbqqq]

My father's B-2 extension application got denied. Can we re-apply as a new case with additional document before his I-94 expires? It is very important for us. Thanks much!

[ramabalaji]

What is that so important to re apply? Can you be more specific on this to get a reply?

[txh1b]

If his I-94 already expired, there is nothing you can do and you are also harboring an illegal alien which is criminal.

[bbbqqq]

I-94 is not expired

My father's I-94 is not expired. We have time to re-file before it expires. He does want to stay here a little longer (6 months) and goes home.

[orion]

New documentation doesnt matter, you must have the right reason behind extenstion. You can support that reason with documents if you want. So if you want him to stay longer, provide the reason eg more tourism (provide travel plans, booked tickets, etc.).

[bbbqqq]

I have travel itinerary

Yes, that's what I meant document. We have paid a vacation package and have itinerary for this trip. We took it for granted that he could get approval. :-(

USCIS denied the application saying no evidence for temporary stay (major reason) and no specific travel plan or itinerary. I'm pretty sure I have enough evidence now to appeal or re-open the case. But USCIS did not say how. I have not heard or seen any appeal for this kind of application. That's why I am thinking to re-apply. Just cost some more money but more chance and buy us more time.

[orion]

Since you applied for an extension and it was denied, he will be considered staying illegally after I-94 expiration date.

Did you not include travel plans, tickets, and the final return ticket back to home country in the extension application?

Even if you do all that members suggest here, it is not a guarantee and its finally their decision to approve or deny.

Also, since extension already denied, and if he stays back past the I-94 expiration date, you'll lose the visitor visa as well.

[txh1b]

Finally if extension gets denied and the person stays past I-94 date, the visa is void.