Help - visa extension

[sweet2kittens]

Please help me!!!

I am holding B1/B2 visa right now, and applied for extension already. So far, I have not received approval yet. However, I am only planning to stay for another extra month or 2. What if I still don't receive the approval till the day I want to leave?

[peace]

Ext responses take many months.
If you leave after your expiry of current I -94 but before you receive a response, you will be legal but may need evidence of this when entering US again. Keep the receipt for ext application, boarding passes and if possible,
the response to your ext app.(ask someone to mail you the repsonse when it comes)

[PraetorianXI]

If you leave AFTER your I-94 date, but before you receive a decision AND this decision is DENIAL. Your visa will be subject to 222(g). It may be cancelled next time you try to enter the USA.

[peace]

Praetorianxi

I STRONGLY differ.

One is legal till one gets a response even if it is a denial.
So, if one leaves before a response (even if it is a denial), one did not break any law so the visa stays valid.

The visa officer at next entry will not apply 222g if you can prove to him you left before the USCIS response. Ask any attorney.

[orion]

praetorianxi and peace, please note...

straight from the lawmakers...

-- 222(G) DOES NOT/NOT APPLY TO ALIENS WHO FILE FOR A
CHANGE OF STATUS (COS) OR EXTENSION OF STAY (EOS) AND WHO
REMAIN IN THE U.S. AFTER THE DATE ON THEIR I-94, IF THE
REQUEST IS SUBSEQUENTLY APPROVED.

-- 222(G) DOES/DOES APPLY TO ALIENS WHO FILE FOR A COS OR
EOS AND WHO REMAIN AFTER THE DATE ON THEIR I-94, IF THE
COS/EOS REQUEST IS SUBSEQUENTLY DENIED OR IS STILL PENDING
AT THE TIME OF THE ALIEN'S DEPARTURE. (BUT SEE BELOW,
CONCERNING THE BLANKET EXTRAORDINARY CIRCUMSTANCES
EXEMPTION FOR CERTAIN ALIENS WHO DEPART WHILE A COS OR EOS
APPLICATION IS PENDING.)

So it seems like praetorianxi is correct. Also please note that contrary to as advised by senior members many times earlier in the forums, 222(g) is applicable even if visa holder left after I-94 expiration date but before the decision was received and decision was a denial (exception for extraordinaly circumstances).

[peace]

orion

Yes, the laws says that but due to delays in extension responses and people losing their visas to 222g due to no faults of their own, INS (now USCIS) posted a memo changing the interpretation of the law some years ago.
Please read this;

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.

The practical effect of this new interpretation is that nonimmigrants who timely file extension of stay or change of status applications and subsequently depart the United States after their initial period of stay expires, but before the extension or change of status is granted, will no longer have their visas voided under Section 222(g).

[PraetorianXI]

This is a murky subject. As there are different reports from people. I agree that they are "legally present" until they hear a decision from USCIS, even after the I-94 has expired.

BUT, if the decision is a denial... the visa MAY be voided, and the person has 30 days to depart the USA before becoming deportable.

The thing is, that USCIS is DISCRETIONARY on how it enforces its policies and rules... and 222(g) in particular, will be up to the POE officer and how he/she will enforce it.

That is taking a 50/50 chance. I do not recommend betting on those odds.

[orion]

thank you peace and praetorianxi

peace, thankyou for posting that memo revision.

Finally, I agree that there is no definite yardstick to predict a decision in such cases. As praetorianxi said, the power of decision rests on the PoE officer. And since going back from PoE, probably with a ban to enter United States for sometime is as worst as it can get for anyone (especially after a approximately 20 hrs journey, and especially elders), I would recommend not to take such a risk at all.

Great inputs!