Visitor visa with i94 ending in a month and waiting for i159. what would happen if they overstay?


jugal84

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My parents visited the USA on a B2 visa and their i94 is going to end in a month. I applied i-159 (extension of stay) 20 days back at Texas Service Center, the current estimation time for processing is shown as 6-8 months. I read in various forums that people can stay until the i-159 is pending but what to get a clear picture of what would be consequences at the various results of the decision.
What would happen if
(a) The decision is pending, they overstay for 2-3 months and leave the USA?
(b) They overstay and received a denial for the i-159.?

Also, what would happen to their B2 visa for the above two scenarios?

I know this could be a common question asked here, Sorry, if it looks repeated. Thank in Advance

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2 hours ago, Noah Lott said:

they will find out....a denial will become especially bad,.....why is it they 'have to' stay longer than 6 months....(I can guess.....child care, not some silly excuse about sight seeing)

As UICIS says to be truth with them, I mentioned the real reason which is child care. 

 

10 hours ago, jugal84 said:

What would happen if
(a) The decision is pending, they overstay for 2-3 months and leave the USA?
(b) They overstay and received a denial for the i-159.?

Can you tell what will happen to their visa in these two cases? 

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Check out

9 FAM 302.9-10(B)(6) Summary of INA 222(g) Scenarios

Specifically,

Alien admitted until specified date; applies for extension or change of status within applicable time limit prior to the expiration of Form I-94; remains in the U.S. after the date on Form I-94, and application is subsequently approved.

 

  Not Subject

Alien admitted until a specified date; applies in a timely fashion for extension or change of status, remains in the U.S. after the date on I-94 and application is subsequently denied.  SUBJECT

 

 

 

 

 

Alien admitted until specified date; submits a timely and non-frivolous application for extension or change of status; departs U.S. after expiration of Form I-94, but before a decision on the Form I-94 extension/change of status application.        NOT SUBJECT

 

 

Subject

 

 

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