AshPra Posted April 19, 2021 Report Share Posted April 19, 2021 I am applying for B2 visa extension for my mother. She overstayed for 15 days during her last visit because of COVID travel restrictions and I had applied for Extension of Status which was pending while she was here. After few months I got denial notice because she had already left US. What should I answer for the below question in DS 160: Have you ever been unlawfully present or overstayed the amount of time granted ? She was not present unlawfully as I applied for extension of status but is it considered as overstayed? Should I answer YES and provide the receipt number and reason for overstay? Or should I answer NO and provide letter or other supporting documents while submitting the application through drop box? Thanks, Ash Quote Link to comment
mickmick Posted April 22, 2021 Report Share Posted April 22, 2021 I am in the same situation. I applied for my parents extension (I-539). We had the biometric completed. It was in being processed for long time because of COVID-19 backlog. Eventually my parents left BEFORE the decision was made. Unfortunately, I got the denial notice. For DS-160,Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa? Should it be NO since they left BEFORE the decision was made? Quote Link to comment
pratt992 Posted February 4 Report Share Posted February 4 Hi Ash and Mick, I have to renew my mom's visa and she is in similiar situation, how did you guys proceed on the answer to this question "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?" Quote Link to comment
pontevecchio Posted February 5 Report Share Posted February 5 There is no question of overstay when one has filed for an extension of status and left before the decision. Quote Link to comment
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