Visitor Visa extension and rejection question ?

[kappian]

Hi

When my dad was here last time I have applied for his extension at the end of his 5th month of his stay but it was rejected after 4 months.
We got the mail first week and he left 3 weeks after that. My question here is that would there be an issue when he comes back to the country again ?
His Visa is valid till 2015. Does anyone has come across this scenario ?

 

Appreciate your time...

[omshiv]

it shouldnt be an issue as long as he did not over stay past the I-94 date.

 

Hope this isnt one of those help for your business or making a fast buck working illegally.

[kappian]

He did stay past the I-94 date as I-94 is valid only for 6 months and I applied for the extension end of the 5th month of his stay and did not hear back from USCIS untill after 4 months. so he did stay 4 months after the I-94 date but 4 weeks after the rejection notice...AND NO we don't make our dad's work after they retire. We take good cae of them when they are old !!!

[omshiv]

Unfortunately your Dad will run into major problems because he overstayed his I-94. In other words he was illegally present here for 4 months. Talk to an attorney.

Good to know that you care for your parents.

[pontevecchio]

Since he overstayed his I94 he will need to obtain another visa to visit . That is usually not a big deal.

[kappian]

Thanks for your time and reply. I have one more question that how is it 4 months of illegal stay as we only heard back from USCIS after 4 months. I would think whatever the period he stayed after the receipt of rejection notice should be considered as over stay. Correct ? Moreover, he did not surrender the I94 when he left as no one asked him about that. so how do they know when he left the country ?

 

Thanks again...

[nineballs]

Moreover, he did not surrender the I94 when he left as no one asked him about that. so how do they know when he left the country ?

Believe me, they will know. As much as this comforts you that your father didn't return his I-94 form, this doesn't solve any problem. Especially, starting in the last few months, there is no need for a paper I-94. All the departure and arrival records are being updated automatically from airline information.

And I believe (An attorney can confirm this), once you stay past I-94 expiration date, the visa automatically becomes invalid. So, your father will be able to board the flight from his home country but won't be able to enter the US (as the visa would have automatically become invalid).

At this point, your father needs a new visitor visa. Same process that he would have gone through before.

[pontevecchio]

Airline manifests are nowadays mandatory. The fact that he left is certainly known to them. The situation is that he was physically present with an expired I94 when the EOS was denied. That makes his existing visa void. You can hope they do not notice and let him in next time on this visa or risk him being sent back next time. You should discuss specifics with the firm of Murthy or any of your choice. INA 221(g), 1996 CHANGES.

[kappian]

Thanks for the reply.

 

I understand that his visa become invalid when he overstays But the risk here is that if he goes back for the stamping he may not get it for the same reason.
One of my colleague's mom was in the same scenario but she returned back without any issues. So, question is which one has less risk ?

[nineballs]

So, question is which one has less risk ?

I think the bigger question is which risk are you willing to take. Even if you assume that, it is less risky to travel, do think about the repercussions. If he is sent back home because of invalid visa, that's quite stressful and may be quite humiliating.

On the other hand, getting a US visitor visa rejected is comparatively less stressful and not humiliating at all. Choice is yours.

 

I would go for new visa stamping. To me, possible repercussions weigh higher than the risk. I wouldn't take, even very small risk, if it can result in possible humiliation.

[pontevecchio]

This is not supposed to be a reason for denying a new visa. Why not discuss specifics with say the firm of Murthy to enable you to reach a proper decision.?

[kappian]

Thanks for the input guys. I really appreciate it. I will get in touch with Attorney....