B-2 Visitor visa extension for my mother

[fnaanurag]

Hi,

 

I applied for the extension of my mother visitor visa extension in June, but havent yet received the approval yet. The earlier I-94 was only valid till June 21st. Reading at different sites and also at USCIS website, it says that if the extension is not approved/rejected, than the visitor can stay till 240 days. Is that true? Will there be any issue if my mother goes back before 240 days since her i-94 expired even if the approval/rejection is not received.

 

Anurag

[jairichi]

If for reason her extension gets rejected & she travels after that her visa is automatically void.

[fnaanurag]

Her 10 yrs visa is anyway expiring on December 21st..will there be an issue staying after that till the 240 days..She came after three years

[jairichi]

Her 10 yrs visa is anyway expiring on December 21st..will there be an issue staying after that till the 240 days..She came after three years

If she has no more intentions to come back to US she can stay.

[fnaanurag]

Thanks for your answers.

 

In one and a half year we will be applying for her green card..not sure if this stay till 240days will effect the green card processing

[pontevecchio]

You can apply for the extension and then she has to leave if the reply is a denial. The immediate family of US Citizens is not punished for certain infractions like overstay.

[JoeF]

You can apply for the extension and then she has to leave if the reply is a denial. The immediate family of US Citizens is not punished for certain infractions like overstay.

 

Hmm, if a person, even an immediate relative of a US citizen, overstays for 180 days or more, there still would be a 3-year ban if the person leaves the country. 10 year ban for overstays of a year or more.

Therefore, it is always wise to discuss the situation with a good immigration lawyer before leaving.

[fnaanurag]

Thanks. I think 180 days starts from when the denial of the extension is received or 240 days have passed since the previous I-94 expired. That is what I have read everywhere.

[pontevecchio]

I did say she has to leave as soon as the extension is denied if at all. If denied the visa is also gone. This fact will not affect her GC.

[JoeF]

I did say she has to leave as soon as the extension is denied if at all. If denied the visa is also gone. This fact will not affect her GC.

You said "The immediate family of US Citizens is not punished for certain infractions like overstay."

 

And I pointed out that that statement is not accurate. In fact, it can be dangerous if the overstay is too long.