B2 Stay extension questions

[pratimap]

Hi - I am hoping someone can help me with questions I have for my fathers visitor's visa.

 

I lost my mom recently and we brought our dad here (both kids are in USA), he is semi-paralytic and needs care. He entered USA on Jan 27th 2013, his I-94 expired on July 26th 2013. We applied for an extension on June 14th 2013 and there has been no decision yet. Since his I-94 has expired, and there is no decision needed help in understanding the below:

 

1. How long can he stay here with the expired I-94 while waiting for the decision?

2. How soon should he travel back if the decision is denied for extension?

3. Does his multiple visa entry become void if his extension is denied?

4. I have a green card, is there a way we can keep him here for longer period in future since he needs care and attention and there is no one in India to take care of him.

 

Appreciate any help on this,

Thanks,

Pratima

[omshiv]

 

1. How long can he stay here with the expired I-94 while waiting for the decision?

2. How soon should he travel back if the decision is denied for extension?

3. Does his multiple visa entry become void if his extension is denied?

4. I have a green card, is there a way we can keep him here for longer period in future since he needs care and attention and there is no one in India to take care of him.

 

 

1) As long as its pending. But its not adviced to stay until the decision..anways I dont have hopes on the extension getting approved.

 

2) Same day...else he would be accruing illegal presense.

 

3) Yes. He just has to apply for new one.

 

4) Unfortunately No.

[jairichi]

Sorry to hear about your loss.

 

(1) As you has applied for an EOS he can stay here till a final decision is made.

(2) Immediately.

(3) Yes.

(4) I do not think there is a way.

 

But, wait for other responses.

[pratimap]

Thanks Both. many folks say that on visa denial & if the person leaves the country within the grace period, his multiple visa stamp should be fine and not void. I am a little confused, since there are conversations stated either ways.

 

I just do not want my father to undergo the visa stamping process again, it will be helpful if there are any recent experiences who can share this?

 

Also, any experience on the current processing time at Vermont center? The website does say 2.5 months but would like to get a realistic idea on what the experiences are. 

 

OmShiv - Why do you think his visa extension request will be denied?

[omshiv]

I think its better you consult an Attorney. The reason I feel (I could be wrong) the Visa extension could be denied is once the extension period is over who will take his care? He has to leave the US. You cannot keep extending his Extension.

[JoeF]

Thanks Both. many folks say that on visa denial & if the person leaves the country within the grace period, his multiple visa stamp should be fine and not void.

That's wrong. Don't listen to rumors.

If the EOS gets denied, and he is past the I-94 date, the visa IS invalid, per the law!