NO EOS/COS stamped on I-94

[harsha372]

My Widowed mother-in-law B2 - visitor visa was rejected three times earlier, on the fourth try she got her visitor visa stamped for 10 years. She has mentioned in her application for visa that her intended stay in US would be for 15 days only. When she travelled to US, she was provided with I-94 for only 15 days as she stated on her application and it is also stamped with No EOS/COS. Please advise if she needs to travel back within 15 days and if we can apply for an Extension of Stay. If we apply for an extension of stay, can she stay in US until the extension of stay case decision is in pending state. if she needs to travel back, would there be any problem if she returns to US after 4 months, and would she be granted with same 15 days for the 2nd time too?

[JoeF]

She needs to leave within the 15 days.

No EOS means exactly that, no extension of status. What part of that don't you understand???

[JoeF]

Oh, and filing an EOS anyway would be frivolous. It would not keep her legal while it is pending.

If she stays past the 15 days, her visa would become invalid.

[Attorney_11]

Generally, CBP notations on I-94 are given weight, but do not carry the force of law. If circumstances change (for example, a medical emergency or other similar emergent, humanitarian, or unforeseeable situation) requiring an extension of stay, the CBP notation would not render such application automatically frivolous. Also, the filing of a bona fide non frivolous extension of stay application before the expiration of a period of authorized stay gives an applicant a period of authorized stay while the application is pending. If an individual remains beyond the validity of an I-94 and/or the termination of an authorized period of stay, the applicant's visa stamp becomes void under INA 222(g). Each case is adjudicated on a case by case basis with a review of the facts. It may be valuable to discuss matters with a qualified immigration attorney to discuss risks and legal requirements.

[Guest Noah Lotte]

VOs also have access to certain entry/exit records from CPB...they can easily check on her...if she said she was staying 15 days, then stay 15 days, not months and months...this is an example of why VOs are not easily fooled by applicants who claim they will visit for a short period of time, but already know they plan to babysit for a longer period of time...which sounds like this case (note no mention of any coincidental illness that amazingly befell the MIL, nor any silly notion about not having had enough time to see the Grand Canyon, Mt. Rushmore, etc...)...bottom line: do what you say you are going to do in the time frame you say you will do it....instead of trying to play games with a VO (who knows full well that most tourists are granted a six month stay upon entry, but who also know that many people try to be clever....forgetting another salient fact: CPB has access to the notes made during a visa interview, and if they see that the MIL said 15 days, then 15 days it is....)...this sort of thing, repeated many times (as it has been) is just one of many reasons that make VOs skeptical of people who fudge the truth in different ways....if any applicant was more clever than a VO, they should become a VO...

[t75]

So she lied in order to gain entry and now intends to follow the original plan as she never expected a short I-94? She needs to go home as specified in her I-94.

[pontevecchio]

Please read the Attorneys reply CAREFULLY and maybe consider talking to the firm of Murthy SOON.

[omshiv]

VOs also have access to certain entry/exit records from CPB...they can easily check on her...if she said she was staying 15 days, then stay 15 days, not months and months...this is an example of why VOs are not easily fooled by applicants who claim they will visit for a short period of time, but already know they plan to babysit for a longer period of time...which sounds like this case (note no mention of any coincidental illness that amazingly befell the MIL, nor any silly notion about not having had enough time to see the Grand Canyon, Mt. Rushmore, etc...)...bottom line: do what you say you are going to do in the time frame you say you will do it....instead of trying to play games with a VO (who knows full well that most tourists are granted a six month stay upon entry, but who also know that many people try to be clever....forgetting another salient fact: CPB has access to the notes made during a visa interview, and if they see that the MIL said 15 days, then 15 days it is....)...this sort of thing, repeated many times (as it has been) is just one of many reasons that make VOs skeptical of people who fudge the truth in different ways....if any applicant was more clever than a VO, they should become a VO...

So she lied in order to gain entry and now intends to follow the original plan as she never expected a short I-94? She needs to go home as specified in her I-94.

well said and so true..unfortunately people misuse the visa thinking they can fool the VOs or the immigration officers...but alas..this isnt India!!!!

[chakrakr]

well said and so true..unfortunately people misuse the visa thinking they can fool the VOs or the immigration officers...but alas..this isnt India!!!!

And still people here can game the system -- like illegaly paying for PERM process ... Amazing !

[omshiv]

And still people here can game the system -- like illegaly paying for PERM process ... Amazing !

well I have already said what I needed to say. Now if you want to continue then go ahead.