Can B2 visa holders travel with I-797C

[sandy_us09]

Hi,

 

I have applied for my in-laws' extension of stay(I-539) when they were here last time in 2013. We got I-797C receipt. But the online case status never got updated, neither did we receive approval copy. When we contacted the USCIS they said, the approval was sent in November 2013 itself, but we never received. 

 

Now, my in-laws want to travel to US. They just have I-797C showing their request for extension of stay. Would that be sufficient to travel to US? Will there be any immigration issues here or in India? If anyone had similar experience, please share.

 

Thanks.

[pontevecchio]

1. Do they have a valid tourist visa?

2. Did they overstay their I94 last time?

3. EOS applied in previous stays is immaterial for future visits. They need a valid Tourist visa to enter.

[sandy_us09]

1. Yes. They have 7 more years of B2 visa valid.

2. No. They got 3months of extension approved, but they left after ~2.5 months, before their new I-94 expired.

3. They were denied boarding the flight at airport in India, where they did not carry the I-797C with them. The authorities said, passengers need to carry paperwork related to extension of stay, otherwise they can't know if it was an overstay or not.

 

My question is, since we currently have I-797C only, would that be sufficient to travel? or should we wait until the USCIS re-sends the copy of approval?

 

Thanks.

[pontevecchio]

As regards 3. Who denied Boarding? No Offense. Your post makes no sense. Either their visa is valid or not. In this case their visa should be valid if they left as you said.

[sandy_us09]

I am not sure what is not making sense in my previous post. There's a special counter/screening at the airport(at least in India) to handle the cases like this, where, the passengers who are not carrying all the necessary papers during their travel are denied travel to the USA. This is to avoid having immigration issues in the USA once they reach, without needed paperwork(they might face a immediate-return to India).

 

In our case, the passengers have a valid B2 visa like you said, but were not carrying the documentation related to their extended stay during their previous visit and hence were not allowed to travel.

 

Anyway, we waited until USCIS sent us a copy of the lost I-797A (approval notice, for the extended stay).

 

For others, Please be sure to have all the paperwork related to extension of stay(if you apply), with the applicants during their visits to the USA. Good Luck!

[JoeF]

I am not sure what is not making sense in my previous post. There's a special counter/screening at the airport(at least in India) to handle the cases like this, where, the passengers who are not carrying all the necessary papers during their travel are denied travel to the USA. This is to avoid having immigration issues in the USA once they reach, without needed paperwork(they might face a immediate-return to India).

 

In our case, the passengers have a valid B2 visa like you said, but were not carrying the documentation related to their extended stay during their previous visit and hence were not allowed to travel.

 

Anyway, we waited until USCIS sent us a copy of the lost I-797A (approval notice, for the extended stay).

 

For others, Please be sure to have all the paperwork related to extension of stay(if you apply), with the applicants during their visits to the USA. Good Luck!

 

Airlines are denying boarding if the paperwork is not complete and in order.

If the person gets denied entry due to having been overstaying, for example, the airline would get fined for not checking the paperwork.

In this case, if they overstayed, their visa would have become invalid. Since the airline couldn't know if they overstayed or not, the airline denied boarding. Standard procedure nowadays.

[pontevecchio]

There are other factors in play. All the Airline and the Indian Government make sure is that there is a valid visa. The facts are not as you think they are.

[jairichi]

I am not sure what is not making sense in my previous post. There's a special counter/screening at the airport(at least in India) to handle the cases like this, where, the passengers who are not carrying all the necessary papers during their travel are denied travel to the USA. This is to avoid having immigration issues in the USA once they reach, without needed paperwork(they might face a immediate-return to India).

 

In our case, the passengers have a valid B2 visa like you said, but were not carrying the documentation related to their extended stay during their previous visit and hence were not allowed to travel.

 

Anyway, we waited until USCIS sent us a copy of the lost I-797A (approval notice, for the extended stay).

 

For others, Please be sure to have all the paperwork related to extension of stay(if you apply), with the applicants during their visits to the USA. Good Luck!

Very strange. This is the first time I am hearing a case where a person is denied boarding when having a valid passport and visa.