Implications of Visitor Visa extension

[jonnasn]

My parents came to US in Oct'16 and they have I94 till April 2017 which is 6 months.

Now there is a family wedding in July '17 and I am looking for options foe them to stay till july '17.

1  : Will it be an issue if I apply for extension of their visit for another 3-4 months?

2 : Is there any kind of impact on their future travels to US if the extension is denied?

3 : Is there any kind of impact on their future travels if the extension is approved and they leave before their new I94 expires?

 

4 : Is applying for extension citing the wedding as reason a valid reason?

PS : Their next travel back to US could be sometime in early 2018.

 

Please advice.

[jonnasn]

Any advice plz

[shekar11#]

1. No issues. There is a question in I-539 where you need to mention end date.

2. If the extension is denied while they are still in US, their visa will automatically become void. They will need to get a new visa next time they travel to US. But if the denial comes after they leave US, they are good.

3. No impact.

4. Yes.

5. They need to stay back at least 1 year from the date of departure. Visitor needs to stay more in home country.

They can stay in US if their extension was filed timely and a decision is pending. 

You can apply for extension 2 weeks before their current I-94 expires. If this is first time extension you will get most likely get approval, but from next time the make sure they have big gaps between trips.

[jonnasn]

Thanks Sekhar

 

I am little confused about point 5 !!

"Stayback atleast 1 year from date of departure"...you mean departure from USA back to India after extension ? 

Is it a rule or safe way to approach it?

[jonnasn]

ALso, I have another scenario where I need some advice.

 

As said above, their current I94 expires in April 2017.

 

Now if they leave in April 2017 as per original itenary, Is it ok if they come in JUly 2017 to attend wedding?

Can they stay for 6months when they come in July 2017?

If they come in July 2017 for wedding and go back in a 3 weeks, is it ok if they come back in April 2017?

 

Thanks a lot in advance.

[shekar11#]

20 hours ago, jonnasn said:

Thanks Sekhar

 

I am little confused about point 5 !!

"Stayback atleast 1 year from date of departure"...you mean departure from USA back to India after extension ? 

Is it a rule or safe way to approach it?

It is just to be cautious on future travels. Yes once they go back to India better for them to stay at least for a year in India before travelling back to US. Because after such a long trip POE officers might ask why are you coming back so soon after staying for so long in US.

[jonnasn]

17 hours ago, jonnasn said:

ALso, I have another scenario where I need some advice.

 

As said above, their current I94 expires in April 2017.

 

Now if they leave in April 2017 as per original itenary, Is it ok if they come in JUly 2017 to attend wedding?

Can they stay for 6months when they come in July 2017?

If they come in July 2017 for wedding and go back in a 3 weeks, is it ok if they come back in April 2017?

 

Thanks a lot in advance.

@shekar11#

A final advice needed...

 

so is it better if they extend their visit till July 2017 to attend wedding or go to India in April as per initial i94 and come back in July 2017 to attend wedding (for 3 -4 weeks)?

[shekar11#]

On 1/10/2017 at 4:59 PM, jonnasn said:

@shekar11#

A final advice needed...

 

so is it better if they extend their visit till July 2017 to attend wedding or go to India in April as per initial i94 and come back in July 2017 to attend wedding (for 3 -4 weeks)?

Going and coming back is the safe option. Your parents might not get the entire 6 months duration of stay. They might get I-94 for a reduced duration. Might be a month or 6 months. All depends on the port of entry officer. Try to check if they can leave before April, like end of Feb. More chances of getting 6 months extension for their July visit. Make sure they provide proof of wedding when they visit in July 2017.

[jonnasn]

Thanks a lot Shekhar1#