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nick1913

i539 Mother stay extension

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I applied for my mother extension 30 days back and finished biometric on 11/26. Her return Ticket is on 12/08/19 and her i94 expires on 12/12/19 visa expires in 2022. As i already applied for i539 extension for 1 more month stay  as we have  my baby 1st birthday on Dec ending. 

1) can she stay for 25 days more as we applied for i539 Until we get the decision and return immediately if decision is denied ??

2) How long can she stay on i539 application pending ??

3) if she stay during application pending ? will her visa gets cancelled for next time travel ?

 

 

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Is there some reason that this 'birthday party' cannot be celebrated early? Or will the one year old be unhappy? This excuse for an extension is just plain silly...your mom and you knew when the birthday was, so why didn't she just arrived a bit later? Oh with NO...babysitting duties were needed sooner....and apparently still are....if the extension request gets denied after expiration of her I 94, her B2 visa will be automatically canceled...then she will have to get a new one...with NO guarantee she will be successful...

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3 hours ago, pontevecchio said:

As said above, overstaying her I94 will result in the cancellation of her visa if the extension request is denied after her I94 expires. 

Not if she leaves before the decision is made, which is likely since she only intends to stay for 25 days and I-539 can take 6 months.

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On 12/2/2019 at 2:00 PM, newacct said:

1. yes

2. for as long as it is pending, with no limit

3. no, as long as she leaves while it is pending, or it is approved

Thank you

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On 12/2/2019 at 3:12 PM, Noah Lott said:

Is there some reason that this 'birthday party' cannot be celebrated early? Or will the one year old be unhappy? This excuse for an extension is just plain silly...your mom and you knew when the birthday was, so why didn't she just arrived a bit later? Oh with NO...babysitting duties were needed sooner....and apparently still are....if the extension request gets denied after expiration of her I 94, her B2 visa will be automatically canceled...then she will have to get a new one...with NO guarantee she will be successful...

Thanks for your reply . but Plz don't judge everyone with same mindset of baby sitting. No one will celebrate Birthday a month ahead. We already know she will Turn 1.But due to winter season she was not keen on staying here. Its not one year will be unhappy but My mother and Family would be happy if Family stay Together. This is the same reason i even mentioned for extension and once again Thanks for reply 

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9 hours ago, pontevecchio said:

As said above, overstaying her I94 will result in the cancellation of her visa if the extension request is denied after her I94 expires. 

Lets say it got Denied the Day before she was leaving. how can we verify if the visa has been canceled or not ?. Hope their is No grace period like 2 days or 1 week to go back  after denial notice 

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6 hours ago, newacct said:

Not if she leaves before the decision is made, which is likely since she only intends to stay for 25 days and I-539 can take 6 months.

thats good to know it is taking 6 months and yes she will leave with in 25 days. hope everything goes good.

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17 hours ago, nick1913 said:

Lets say it got Denied the Day before she was leaving. how can we verify if the visa has been canceled or not ?. Hope their is No grace period like 2 days or 1 week to go back  after denial notice 

You compare the date she left and the decision date on the notice.

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If one overstays the I94 and subsequently the extension is denied, the existing visa is void even if the person leaves before the decision. It would be irresponsible to suggest otherwise.

The only scenario where the Visa is saved is by leaving before the existing I94 expires. If one overstays the existing I94 and subsequently the extension is denied, the visa is gone. If the subsequent decision is approved, then alls well.

Edited by pontevecchio

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17 hours ago, pontevecchio said:

If one overstays the I94 and subsequently the extension is denied, the existing visa is void even if the person leaves before the decision. It would be irresponsible to suggest otherwise.

The only scenario where the Visa is saved is by leaving before the existing I94 expires. If one overstays the existing I94 and subsequently the extension is denied, the visa is gone. If the subsequent decision is approved, then alls well.

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.

 

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