Does I-539 denied mean cancellation of visa?

[Vijay Gunda]

My in-laws extension was denied and they are changing their tickets to leave as early as possible. However, one attorney told us that their visitor is automatically cancelled and they need to get a new 10 year visa. How true is this? Did someone go through a similar situation?

[JoeF]

If a visitor overstays, then the visa is indeed automatically canceled.

[newacct]

Yes, if they were still in the US on the date of the denial, then INA 222(g) is triggered, which means the visa they used to enter the US is automatically voided, and they must apply for US visas in their country of nationality from now on. Usually, INA 222(g) is triggered when one stays past the date on their I-94, but one is protected against INA 222(g) while a timely-filed, non-frivolous Extension of Stay or Change of Status application is pending. So if they left the US while their EOS is pending, or their EOS is approved and they leave before the end of the new admission period, then INA 222(g) is not triggered. But since they were still in the US at the time of the EOS denial, INA 222(g) was triggered. See 9 FAM 302.1-9(B)(1).b(4):

 

Quote

 

(4)  (U) Applicants with Pending Change of Status or Extension of Status Applications:   An applicant is not ineligible under INA 222(g) even though the departure date on Form I-94, Arrival-Departure Record, passes, if:

(a)  (U) The applicant files a timely application for extension of stay or for a change of status; and

(b)  (U) The application is approved.  In addition, if an applicant departs after the date on the Form I-94 passes, but before their application for extension or change of status has been decided by USCIS, they must be subject to a blanket exemption from INA 222(g), if the application was filed in a "timely manner" and is "nonfrivolous" in nature.