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vijetasah

extension of stay on B2 visa

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My mother's I94 expires on Aug 16 and I am trying to extend her stay by another 5 months. I am trying to understand the risks associated with this.

Can someone please provide some clarity on this:

If my mother is still in the US past her initial I94 expiry date and we get a denial on the request, does this void her multiple entry B-2 visa?

If she has departed the US, past the initial I94 expiry date and then we get a denial, does this affect her B2 visa?

In the document  https://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf it says on page 3:

"If your application is denied, you may be required to cease employment and depart the United States immediately. In addition, any nonimmigrant visa in your passport granted in connection with your classification becomes void. Once your visa is void, you must submit any new visa application at a U.S. consulate in your home country (not a third country, except in rare instances as determined by the U.S. Department of State)."

Is this necessarily true that the visa becomes void upon denial or depends on a case basis - like if the person has tried to obtain extension multiple times? 

Thanks,

Vijeta

Edited by vijetasah

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Chances of getting extensions in this short notice is almost remote.

if she gets a denial past her I94 date then it’s illegal stay and multiple visa stands cancelled.

So is the case if she departs past I94 date

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On 6/25/2019 at 9:45 AM, vijetasah said:

My mother's I94 expires on Aug 16 and I am trying to extend her stay by another 5 months. I am trying to understand the risks associated with this.

Can someone please provide some clarity on this:

If my mother is still in the US past her initial I94 expiry date and we get a denial on the request, does this void her multiple entry B-2 visa?

If she has departed the US, past the initial I94 expiry date and then we get a denial, does this affect her B2 visa?

In the document  https://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf it says on page 3:

"If your application is denied, you may be required to cease employment and depart the United States immediately. In addition, any nonimmigrant visa in your passport granted in connection with your classification becomes void. Once your visa is void, you must submit any new visa application at a U.S. consulate in your home country (not a third country, except in rare instances as determined by the U.S. Department of State)."

Is this necessarily true that the visa becomes void upon denial or depends on a case basis - like if the person has tried to obtain extension multiple times? 

Thanks,

Vijeta

If she leaves the US while a timely-filed, non-frivolous Extension of Status is pending (i.e. before a decision is made), her visa is not voided.

If she is still in the US when it is denied, her visa is voided, since she would have already stayed past the date of the denial by the time she learns about it.

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