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neeta9

B2 Visa Extension - emergency travel

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My mom Entered US on B-2 on 8/30/16.

Her i-94 valid till 2/27/17.

Her multiple entry visa valid till April 2019.

Applied for her B-2 visa extension for another 6 months and got receipt notice on 2/1/17.

But she had to leave US and went back to India on 2/15/17 since her mom passed away suddenly. 

1. Is it better for her to come back before her current I-94 expires on 2/27 since her extension decision is still pending or will she have issued at POE since she might have only a day left on her I-94 when she tries to re-enter US.

2. Is it better for her to stay out of US for 2 weeks or 4 weeks and then come back to US? Will her decision of extension still be valid when she stays out of US for 1 month after her I-94 expires even though she left due to sudden death in the family?

3. She wants to get an extension for 6 months. She is in India now. Which of the above 2 options has a better chance of her coming back for 6 more months. 

Please advice.

 

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On 2/18/2017 at 9:54 PM, neeta9 said:

My mom Entered US on B-2 on 8/30/16.

Her i-94 valid till 2/27/17.

Her multiple entry visa valid till April 2019.

Applied for her B-2 visa extension for another 6 months and got receipt notice on 2/1/17.

But she had to leave US and went back to India on 2/15/17 since her mom passed away suddenly. 

1. Is it better for her to come back before her current I-94 expires on 2/27 since her extension decision is still pending or will she have issued at POE since she might have only a day left on her I-94 when she tries to re-enter US.

2. Is it better for her to stay out of US for 2 weeks or 4 weeks and then come back to US? Will her decision of extension still be valid when she stays out of US for 1 month after her I-94 expires even though she left due to sudden death in the family?

3. She wants to get an extension for 6 months. She is in India now. Which of the above 2 options has a better chance of her coming back for 6 more months. 

Please advice.

 

No. Better for her to stay there for few months before she can return. Once you get a status (mostly cancelled since she left before the decision) on the extension then she can enter US. Or else it will be very confusing at POE, they might ask lot reasons for the pending extension and why is she returning so soon after her previous visit.

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She left before the decision for b2 extension was made since it was an emergency (death in the family). It is not ok to come back before her current I-94 expires? Is the petition for extension still valid when she comes back before her current I-94 expires? What are the risks?

what are the chances of getting another 6 months of she stays back in India for a month or 2 and then return?

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23 hours ago, neeta9 said:

She left before the decision for b2 extension was made since it was an emergency (death in the family). It is not ok to come back before her current I-94 expires? Is the petition for extension still valid when she comes back before her current I-94 expires? What are the risks?

what are the chances of getting another 6 months of she stays back in India for a month or 2 and then return?

The longer she stays in India the better before coming back. It all depends on POE officer. He might ask a question why are you coming back so soon after a 6 month visit? She can come back before I-94 expires, but you need to be ready to face the risk of lesser duration of I-94.

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thanks for reply. Now that her decision for b2 extension is still pending but she went back to India, will the extension still be processed and she might get an approval or denial?

If it takes about 90 days to an answer to that can she travel back with approval letter so that it makes a stronger case for her to come back?

does uscis keep track of b2 visitors when they leave the country? please help.

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59 minutes ago, neeta9 said:

thanks for reply. Now that her decision for b2 extension is still pending but she went back to India, will the extension still be processed and she might get an approval or denial?

If it takes about 90 days to an answer to that can she travel back with approval letter so that it makes a stronger case for her to come back?

does uscis keep track of b2 visitors when they leave the country? please help.

The extension will get denied because she doesn't have a status in the US anymore.

The airlines of course inform USCIS about the travel, so they know that she has left the country. And her old I-94 is of course also no longer valid, since the I-94 by definition only is valid while in the US.

A visitor has to live abroad, your desperate attempt to get her back to the US indicates that she doesn't live abroad, but basically lives in the US. That's a big red flag.

Since she was in the US for about 6 months, she should stay abroad for at least a year before visiting again.

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6 hours ago, neeta9 said:

thanks for reply. Now that her decision for b2 extension is still pending but she went back to India, will the extension still be processed and she might get an approval or denial?

If it takes about 90 days to an answer to that can she travel back with approval letter so that it makes a stronger case for her to come back?

does uscis keep track of b2 visitors when they leave the country? please help.

Yes. They have track of entry and exit.

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Can I withdraw her extension since it has been less than a month we applied so that she does not get the denial letter. Also next time when she comes it will not be an issue at Poe since they will not have a record of her extension? 

Hi Joe, 

thanks for your reply. Uscis provides forms for extension at a cost. After applying for extension with intention of visiting places in 1 trip and paying fees the visitor had to leave US due to an emergency.

Thanks for explaining the terms when a visitor leaves US. She never applied for extension before nor every stayed longer than 6 months in the US so there is no question of desparateness. It is very unclear as to what happens in such emergency situations. Thank you.

On 2/22/2017 at 4:25 PM, shekar11# said:

Yes. They have track of entry and exit.

 

On 2/22/2017 at 10:45 AM, JoeF said:

The extension will get denied because she doesn't have a status in the US anymore.

The airlines of course inform USCIS about the travel, so they know that she has left the country. And her old I-94 is of course also no longer valid, since the I-94 by definition only is valid while in the US.

A visitor has to live abroad, your desperate attempt to get her back to the US indicates that she doesn't live abroad, but basically lives in the US. That's a big red flag.

Since she was in the US for about 6 months, she should stay abroad for at least a year before visiting again.

 

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You can't withdraw anything. It is her application.

And are you telling us that in the 6 months she was here already she couldn't visit places? Come on. Don't think we are st*pid. And if we can see the desperation, a USCIS examiner can as well.

She left the country. If that was due to some emergency back home or not is irrelevant for US authorities. As far as the US is concerned, this is just like any other situation where a person boards a plane to outside the US. There is no special treatment if the person happens to have an emergency back home.

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