I-539 Extension denial

[sravan123sf]

Hi Guys,

Could you please help me out with this situation

1. My parents came here to visit me

2. I have applied for the extension of stay for my Mom( As my mom wants to attend my cousin's wedding)

3. I have got a RFE for her extension after she left to India(She has overstayed 45 days based on I-94)

4. Based some online feedback . I send to letter to USCIS to cancel here extension since she left to India

5. But today I got a denial notice saying that she did not answer a question in the RFE 

my  question here is 

Can she visit me next time on the visa( as she has about 7 years in that)? or how can I check her visa status

Any help is appreciated 

 

Edited August 26, 2019 by sravan123sf

[pontevecchio]

Since she overstayed her I94, she will need to get a new visa for future trips.

[xTDx]

It would all depend on these (in order)

1- Was i539 EOS filed well in advance i.e was a receipt notice issued by USCIS ?

2- Did your parents leave before USCIS denied i539 ?

3- What was RFE about ?

4- Your parents may face issues if the EOS application was frivolous. 

Edited August 26, 2019 by xTDx

[newacct]

Yes, she can still use that visa. Her visa was not voided since she left the US before a decision was made on her Extension of Status application. She should bring the denial notice with her next time to prove the fact that she left before the denial.

Edited August 26, 2019 by newacct

[sravan123sf]

It would all depend on these (in order)

1- Was i539 EOS filed well in advance i.e was a receipt notice issued by USCIS ?

A). It was filed well in advance before the I-94 expired

2- Did your parents leave before USCIS denied i539 ?

A) Yes my mom left 1 month back itself and the Denial came yesterday 

3- What was RFE about ?

A) Couple of things 

1) Prove that your are going back in short 

2) One the questions in the application was not answered related to military training 

4- Your parents may face issues if the EOS application was frivolous. 

Edited 1 hour ago by xTDx

[pontevecchio]

I94 overstay mandates that her current visa is invalid and she will need to get a new visa. If she had left before the I94 expired, she would have been fine. 

[sravan123sf]

But she left before the the decision was made in fact . So still she needs a new Visa?

[pontevecchio]

Since she overstayed the I94 and the EOS was not approved by the time she left, her visa is deemed invalid and she will need to apply for another visa. Subject to her explanation, her chances of getting a visa should be decent.

Edited August 27, 2019 by pontevecchio

[newacct]

On 8/26/2019 at 3:16 PM, pontevecchio said:

I94 overstay mandates that her current visa is invalid and she will need to get a new visa. If she had left before the I94 expired, she would have been fine. 

No it doesn't. If she left while a timely-filed, non-frivolous Extension of Status or Change of Status was pending, her visa is not voided by INA 222(g). See 9 FAM 302.1-9(B)(1)(c)(4)(b):

Quote

[...] In addition, if an alien departs after the date on the Form I-94 passes, but before his or her application for extension or change of status has been decided by USCIS, they must be subject to a blanket exemption from INA 222(g), if the application was filed in a "timely manner" and is "nonfrivolous" in nature. [...]

 

[xTDx]

16 hours ago, newacct said:

No it doesn't. If she left while a timely-filed, non-frivolous Extension of Status or Change of Status was pending, her visa is not voided by INA 222(g). See 9 FAM 302.1-9(B)(1)(c)(4)(b):

 

This is kind of a grey area but I agree with you. However, there is a chance that USCIS denied the application considering it as a frivolous petition especially when they left before adjudication of the petition. OP mentioned clearly that the EOS petition was denied. The distinction between USCIS denial of the petition vs automatic abandonment of petition because of  parents leaving US needs to be established.   Or next time when OP's parents visit USA, CBP will question them for overstay and denial of the EOS petition. CBP may very well revoke the visa  if not revoked already and send the parents back home. 

IMO OP's parents should apply for a new visa for any future travel and let consulate respond with the validity of the existing visa. Another suggestion would be to consult with an immigration attorney who can review the overstay and USCIS denial of EOS to figure out possible future complications. 

Today under trump's administration , there is no such thing as being "too careful". 

Edited August 28, 2019 by xTDx

[sravan123sf]

19 hours ago, Noah Lott said:

Her visa has been electronically revoked/cancelled due to the overstay (which was not 20 minutes, but 6 weeks)...attending some cousin's wedding is a feeble excuse to camp out in the US providing child care, and USCIS figured it out. This is what can happen when people abuse the visa privilege. Her extension request ended automatically when she (finally) left the US. 

I expect that getting a new one will pose a considerable challenge, as she has now revealed to future COs her willingness to ignore our visa rules and regulations.

I am not sure how are you concluding that its child care. Please don't make ur own assumption misguide people.If required I have a proof to show that 

[id4m]

Quote

"proof"...like what, a 'letter'?  no one 'needs to' spend months and months in the US, especially to 'attend' some nebulous wedding of a distant relative....I am retired CO....and my 20+ years of experience has shown me that out of, say

Quote

 

 

You are were a CO for 20+ years and lost your humanity in the process? Your majesty has been a CO for 20 + years denied these requests from those filthy sub-humans? Did you forget that you are a human being? You talk like overstaying a visa is worse than committing a murder. Your majesty also will do the same and probably worse if you were in the same situation as those filthy sub-humans wanting to stay "months and months" in the US. What great injustice is being committed if they stay in the US for months and months? Can't you understand that sometimes people want to spend more time with their family members or attend a "nebulous wedding"? Don't you understand that families can sometimes have citizens belonging to a different nation-state? Do you want to play God and stand in the way of God ordained familial relationships? You are a wicked man with a cruel heart. Don't forget there is a God in heaven who watched your wicked and cold actions abusing your authority while you were a CO.

[JoeF]

Ahh, the usual cheap excuse of "people want to spend time with their relatives"... Is there a reason why they can't do that in their home country?

Countries have rules, and visitors are expected to follow these rules. It is *that* simple. If you don't like the rules, don't visit that country.

Edited March 12, 2020 by JoeF