B2 visitor visa extended approved for shorter time than applied causing a overstay. need advice.

[sunku447]

Hi All, Need your advice my situation. My parents came here on B2 visa in 2017 and we have applied for an extension of 3 months before their actual I-94 expires, requesting to extend till February 17 of 2018. And while application was still pending for decision, they left to India on Feb 13.  

In March 2019, we received the approval for extension, however the approved I-94 was only till February 3rd 2018. Thus causing an un-intended over stay of 10 days. Now if they wan to come for next visit, will they get deported at Port of entry? 

Please advice me what to do now. As this will make, they may never be able to come to USA in future. 

[newacct]

Assuming that the approval date was after February 13, your parents' visas are not invalidated because they left the US while the application was pending, so it did not matter whether it was approved or denied (and generally it should be denied since it has been abandoned by them leaving).

Whether anyone will be admitted on a future visit on visitor visa is impossible to predict.

[Vsubramanyam]

I think your parents have overstayed. They have very high chances of rejection at POE. Your logic that no reply was received in time  on your extension  application is not accepted by the immigration . Better to go for new visa stamping which is 100 % safe.

[newacct]

20 hours ago, Vsubramanyam said:

I think your parents have overstayed. They have very high chances of rejection at POE. Your logic that no reply was received in time  on your extension  application is not accepted by the immigration . Better to go for new visa stamping which is 100 % safe.

No. One is authorized to stay in the US for the entire period that a timely-filed Extension of Status or Change of Status is pending. If one left while the application is pending, one does not accrue any "unlawful presence", and does not cause the visa to be invalidated under INA 222(g), regardless of the result of the application.

[care_candidate]

On 5/3/2019 at 1:18 AM, sunku447 said:

Hi All, Need your advice my situation. My parents came here on B2 visa in 2017 and we have applied for an extension of 3 months before their actual I-94 expires, requesting to extend till February 17 of 2018. And while application was still pending for decision, they left to India on Feb 13.  

In March 2019, we received the approval for extension, however the approved I-94 was only till February 3rd 2018. Thus causing an un-intended over stay of 10 days. Now if they wan to come for next visit, will they get deported at Port of entry? 

Please advice me what to do now. As this will make, they may never be able to come to USA in future. 

What @Vsubramanyam saying is correct. Clearly they stayed for 10 days during which their stay was not allowed. It doesn't matter whether they knew it or not.

Would anybody come to US and then apply for visa for days they spent? The answer is No.

Not sure how CBP officer will react on their next arrival so there is good chance they will get deported. Remember that at every DS-160 they have to tell that they were staying as "Out of Status" And that is something any visa officer takes very seriously.

[JoeF]

I'd they left while the extension was pending they did not overstay. Except if the extension was denied as frivolous.

[sunku447]

On 5/6/2019 at 1:22 PM, care_candidate said:

What @Vsubramanyam saying is correct. Clearly they stayed for 10 days during which their stay was not allowed. It doesn't matter whether they knew it or not.

Would anybody come to US and then apply for visa for days they spent? The answer is No.

 Not sure how CBP officer will react on their next arrival so there is good chance they will get deported. Remember that at every DS-160 they have to tell that they were staying as "Out of Status" And that is something any visa officer takes very seriously.

Met couple of attorneys also regarding this, They confirmed the Visa is still valid (event thought they overstayed) as the decision was approved. The officer might have rejected if he finds the VISA was invalid anymore. 

However the overstay is still true and need to deal with it every time they enter USA. Depends on officer at POE. So we postponed my parents travel. 

Attorney asked me to call the 800 number on i-797A to see if USCIS can adjust the date, i know chances are very slim. 

But any of you heard any decision reversal in these kind of requests? Do you recommend calling USCIS as tere is risk of exposing ourselves? 

[sunku447]

Update from my side. I called the 800 number and they took a service request to verify the approval date. After 35 days, i got the new approval letter with an extended approved date , exactly as my parents travel date. 

So, now their stay will not be considered as Oversaty, and i am happy.