Stay in US while pending status of extension of stay - B2 Visa


krishnakurnala

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Hello

 

My mom is a homemaker. She is currently on B2 Visa  here in USA with me. Her current I-94 is about to expire on April 15th 2015. I am applying for a extension of stay for 6 months citing more tourism activities only 2 weeks before her I-94 expires. I heard USCIS typically takes 2-3 months to Approve/Deny our Applications.

So After April 15, my mom shall be in US while her I-94 expires and the Application for Extension of stay pending decision:
If Approved, she can continue to stay is US with the new I-94 card.
If Denied, I will make sure she will leave the country the same day or the very next day.

My question is :
Will staying back like this would impact her chance to re-enter USA sometime in the future? Is there a Risk of her Visa getting Voided ? Or Risk of Rejection of new Visa Applicaction in future?

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If her extension of stay gets rejected her visa will be cancelled with immediate effect. And also when she goes for future visa stamping it would definitely impact her chances because her extension was denied. Also at port of entry lot of questions would be asked why did she over stay last time.

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Hello

 

Thanks for your responses. So, If the Application is Denied and she leaves immediately on the Day of Denial, her Visa would be Voided ?? 

mainly, asking this forum, as I am hearing different things, I read here that:

 

http://www.*************.com/*********.html

 

If your extension is denied, following documents need to be sent to the USCIS after you exit the country after an extension denial:
Original denial letter
Original boarding pass
Copy of biographical page of passport
Copy of entry stamp in new country
Letter saying that applicant overstayed because he/she was awaiting a decision on an extension application
Applicant should carry copies of all above documents on his/her next visit to the U.S.        
 
 
This post talks as though leaving immediately once denied and appropriate communication will be enough.
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You are taking huge risk by following some post which is not authorized. Anyway if you are really concerned then you must talk to an immigration lawyer, so that all your questions are cleared. You can search for 222(g) section and get more details. It is clearly mentioned in USCIS website that the visitor visa would be voided immediately. Check this link below.

 

http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5161.html

 

 

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