B2 Visa Extension Processing delay and Overstay implications

[knightrider123]

Hello Everyone,

I applied for B2 Visa extension for my parents in July 5th 2021 with current I94 expiring August 12 2021.
I requested for 6 more months extension till Feb 2021 and its still under processing and Biometrics were taken on Nov 30 2021. Also I have booked the flight in Feb 2022.

Since USCIS has only 2 months to complete the rest of the process if its does not happen before Feb 2022,

1) Can my parents stay in US until the I539 (B2) process is complete ?
2) Can they leave US before the decision is made on I-539 (B2) and what are the implications?
3) If I can stay until the decision is made (say USCIS delays extension beyond 6 months processing window), since the extension is only for 6 months (say my extension is until Feb 10th 2022 and its approved on April 2022) then doesn't my stay beyond the extension approved I-94 (In this case Feb 10th 2022 to April 2022) is overstay ? what are the implications?

4) Can I do expedited request for this case ?
Please help.

[newacct]

1. My understanding is yes
2. Yes. There are no implications
3. This is tricky but my understanding is that unlawful presence should only begin accruing on the date it was approved. If they wish to stay past Feb 10 they should file a second I-539 before Feb 10.
4. I don't think so

[knightrider123]

Thank you for the reply.

For item 2 - What I read through some forum, if they leave early the decision will not be approved and the extension would get cancelled. In that case, the stay till then from the initial date of expiry of I94 is considered unlawful presence correct ? Does that impact future entry to US or future Visa processing ?

[newacct]

Thank you for the reply.

For item 2 - What I read through some forum, if they leave early the decision will not be approved and the extension would get cancelled. In that case, the stay till then from the initial date of expiry of I94 is considered unlawful presence correct ? Does that impact future entry to US or future Visa processing ?

No. There will be no unlawful presence accrued.

[rkk09]

Hi Member,
I would like to share my view on the below question.
1) Can my parents stay in US until the I539 (B2) process is complete ?
Answer: As per my knowledge, you will need to file another Extension petition before Feb as a bridge application.
2) Can they leave US before the decision is made on I-539 (B2) and what are the implications?
Answer: They can. Why because, you stayed in the USA with the help of pending petition receipt notice which is legal. But the petition may get deny while the applicant is not physically present in the USA at the time of adjudication.
3) If I can stay until the decision is made (say USCIS delays extension beyond 6 months processing window), since the extension is only for 6 months (say my extension is until Feb 10th 2022 and its approved on April 2022) then doesn't my stay beyond the extension approved I-94 (In this case Feb 10th 2022 to April 2022) is overstay ? what are the implications?
Answer: As I mentioned above, better you file another extension petition before Feb 2022 for continuity.
4) Can I do expedited request for this case ?
Answer: I dont think so, you can do on I-539 petition.
Please see below USCIS statement on expedited service.

USCIS may consider an expedite request if it meets one or more of the following criteria or circumstance:

• Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
  1. Timely file the benefit request , or
  2. Timely respond to any requests for additional evidence;
• Emergencies and urgent humanitarian reasons;
• Nonprofit organization (as designated by the Internal Revenue Service (IRS)) whose request is in furtherance of the cultural and social interests of the United States;
• U.S. government interests (such as urgent cases for federal agencies such as the U.S. Department of Defense, U.S. Department of Labor, DHS, or other public safety or national security interests); or
• Clear USCIS error.

But if you want to give a try,
You can generally request expedited processing by contacting the USCIS Contact Center at 1-800-375-5283 (TTY for the deaf, hard of hearing, or those having a speech disability: 1-800-767-1833) or by asking Emma after you have obtained a receipt notice. (You can access Emma by clicking on the Ask Emma icon on the top right of this page). The USCIS Contact Center will not be able to refer the expedite request to the appropriate office without a receipt number. When you call to request expedited processing, the USCIS Contact Center creates and forwards a service request to the office with jurisdiction over your application or petition.

All the best.
Thanks