Extension denied 5 yrs back. Has valid visa.. Can they travel again?

[GC_Mystery]

Hi,

 

My parents travelled to USA during the winter of 2008 and stayed for 6 months with us. We applied for a 3 month extension during that stay but the extension request was denied. So they went back to India immediately. They have not traveled back to US since then. Their visa is valid till 2015. They want to come this summer for a 3 month stay. 

 

Their visa is valid in the passport (not crossed out or anything during the denial of extension request). So can they just come this summer with the existing visa and spend 3 months?

 

We are clueless what impact the extension denial 5 years back has on their visa. Like I said they did travel back immediately only we got the denial notice.

 

Please help. Urgent. Thanks in advance.

[jairichi]

Hi,

 

My parents travelled to USA during the winter of 2008 and stayed for 6 months with us. We applied for a 3 month extension during that stay but the extension request was denied. So they went back to India immediately. They have not traveled back to US since then. Their visa is valid till 2015. They want to come this summer for a 3 month stay. 

 

Their visa is valid in the passport (not crossed out or anything during the denial of extension request). So can they just come this summer with the existing visa and spend 3 months?

 

We are clueless what impact the extension denial 5 years back has on their visa. Like I said they did travel back immediately only we got the denial notice.

 

Please help. Urgent. Thanks in advance.

I believe in this situation their visa would have been canceled and rendered invalid. Their visas were not crossed out just because their passports with visa were with them when they applied for extension. That does not mean that it is still valid. Ask them to apply for visitor visa. Possibility of getting one is remote.

[GC_Mystery]

Thanks for the reply. Is there anyway to check the visa status? Going again to the consulate and starting the process is a long way :(

[pontevecchio]

They need to apply for a fresh visa. Would you want them sent back at the airport?

[jairichi]

They need to apply for a fresh visa. Would you want them sent back at the airport?

I do not think there is a way to find out their visa validity. Talk to an immigration attorney. What Pontevecchio said is right. It would be deportation if they are sent back from US at POE. And, even applying for a visa does not guarantee that they might get it approved again.

[pontevecchio]

They will certainly get approved for a new visa if they explain in simple terms what happened and get a sympathetic VO. This is not a bar for a new visa.

[GC_Mystery]

Thanks a lot for the reply.  Thanks pontevecchio for the positive note. We will ask them to apply for new visa and explain to the consulate officer about the denial request if asked.