Denial of visa extension

[sairamsri]

My mother was here on a visitor visa. She was supposed to return on Oct 27th' 08 (had I-94 till Oct28th), but On Oct 23' 08 we applied for her extension till March'31 09 with all the documents including return tickets. We waited for their response for around 3 months and finally she left for India on Feb 2nd' 09. Case was still pending then. But on Feb' 07 they denied the case saying that they needed proof of her travel within the US to visit other places (as we mentioned in our letter to them). Denial notice says she has 30 days to return, after which removal proceedings will be started. Though she left before the case denial, do we have to still inform USCIS about her return to India? I wanted to ask you before I call USCIS customer support for clarification.

[orion]

You don't need to. Her visa is void now, though. She will have to apply again for the next visit.

[kns123]

Hi,

My parents are going to visit me too in the next month. i just feel interested about ur case . can u pls reply to my below questions?
What kinda visa your mother had? i mean was it a multiple entry visa for several years or just a few months?
what was the duration of the stay she was granted at POE?
has she visited US before and returned on time?

thank you

[sairamsri]

She had 10 yr multiple entry visa. This was her third trip and duration of stay granted each time was 6 months. She returned on time before.

[SNS007]

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I am not an immigration expert but wrt B2 Visa extension I am frankly irritated with some of the replies I am seeing from the more experienced....

Trying to extend a visitor visa is an option and there was threat of the existing multiple entry visa getting cancelled as per the 222(g) 1999 rule.

As of March 2000 222(g) rule this has been changed....till a decision has been made (approved or denied) that period of stay is valid...if denied the person is given 30 days to leave.After that if you want to come using your existing VISA,POE will have some questions and you need to be armed with details that you left before the 30 days....If you stayed beyod the 30 days you are in trouble....otherwise

your VISA is NOT void as being stated repeatedly around here!!

Try to google for 222(g) for info regd this!!

[PraetorianXI]

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I am not an immigration expert but wrt B2 Visa extension I am frankly irritated with some of the replies I am seeing from the more experienced....

Trying to extend a visitor visa is an option and there was threat of the existing multiple entry visa getting cancelled as per the 222(g) 1999 rule.

As of March 2000 222(g) rule this has been changed....till a decision has been made (approved or denied) that period of stay is valid...if denied the person is given 30 days to leave.After that if you want to come using your existing VISA,POE will have some questions and you need to be armed with details that you left before the 30 days....If you stayed beyod the 30 days you are in trouble....otherwise

your VISA is NOT void as being stated repeatedly around here!!

Try to google for 222(g) for info regd this!!

you are wrong.

[SNS007]

Well....you remind me of somebody I work with.....

anyway.....I know several friends whose folks have come back.....a couple of them 1-2 weeks back.....

fyi...I agree you offer good advise asking people not to mis-use extension....but try not scare folks.....

15.15 Cancellation of nonimmigrant visas under section 222(g) of the Act.

(a) Section 222(g) defined. An alien who was admitted to the United States on a nonimmigrant visa and who remained beyond the period of stay authorized by the Attorney General is subject to section 222(g) of the Act. The nonimmigrant visa becomes void at the conclusion of the authorized stay, unless the alien filed an application for extension of stay (E/S) or change of status (C/S) that would otherwise fall within the tolling provisions under section 212(a)(9)(B)(iv) of the Act or be deemed a period of stay authorized by the Attorney General. See paragraph (e) of this chapter.

(e) Meaning of period of stay authorized by the Attorney General.

(1)* * * * *

(2)* * * * *

(iv) Date certain nonimmigrants with timely filed E/S and C/S applications. Section 212(a)(9)(B)(ii) of the Act provides that an alien is unlawfully present if he or she is present in the United States without admission or parole or beyond the period of stay authorized by the Attorney General. Section 212(a)(9)(B)(iv) of the Act, however, is a tolling provision that covers certain nonimmigrants. Specifically, if the alien has timely filed a nonfrivolous application for E/S or C/S, the first 120 days of unlawful presence are not counted towards the 3-year bar under section 212(a)(9)(B)(i)(I) of the Act. The Service has designated as a period of stay authorized by the Attorney General the entire time during which a timely filed, non-frivolous application for E/S or C/S is pending, provided the alien meets the requirements set forth below. Aliens who meet these requirements are not subject to section 222(g). See also chapter 30.1(d) of the AFM.

(A) The E/S or C/S application must have been timely filed, as required under 8 CFR § 214.1(c)(4) or 8 CFR § 248.1(b), respectively. The application is timely filed if it is submitted before the previously authorized admission expires, as provided under 8 CFR § 214.2, as applicable to the nonimmigrant class under which the alien was admitted. This requirement may be established by submitting evidence of the date the previously authorized stay expired, together with a copy of a dated filing receipt, a canceled check payable to the Service for the E/S or CIS application, or other credible evidence of a timely filing.(B) The E/S or CIS application must be nonfrivolous. The application must have an arguable basis in law or fact and must not have been filed for an improper purpose. When applying for a visa at a consular post abroad, the applicant may be required to satisfy additional criteria, as provided in section (g)(1) of this chapter; and

(C) The alien must not have worked without authorization before the E/S or CIS application was filed or while it was pending. Service and consular officers may take a sworn statement from the alien to this effect. Aliens who make misrepresentations to satisfy this requirement become subject to section 212(a)(6)(C)(i) of the Act relating to fraud and willful misrepresentation of a material fact.

[sima08]

Well said SNS007

I just don't know why some members in this forum kept saying visa gets void if extension is denied. Do you think somebody has updated sec 222(g) for fun? I have also seen my relative's parents has come back this month after their extension got denied an year ago. If it gets void then how come they are allowed into US for the 2nd time. PLEASE provide the latest updated informations.

http://library.findlaw.com/2000/Mar/21/127115.html

[immihelp]

I have seen reference to that article around hundred times on this forum and elsewhere.

People have really misunderstood what it is trying to say. All it is saying in simple terms is "If you have filed for extension before original I-94 expiration, you will be in status while that extension is pending". We all know that.

However, if the extension gets denied and if the person is still in the US past original I-94, current visa stamp is void.

This also has been mentioned 100 times in past here.

Read http://www.immihelp.com/forum/showthread.php?t=61116 for more information.