Visitor visa voided?

[thegooddoer]

Sir,

I saw different posts in this forum regarding visitor visa being automatically voided if extension request gets rejected. Is this void applicable only to those who overstayed after the 30 days since the denial letter was sent? Or for anyone whose extension request gets rejected and stayed even a single day past I-94 date?

Your reply is appreciated. Thank You.

[PraetorianXI]

1 day past I-94 expiration = visa voided.

The 30 days is before you are deportable. Your visa is already voided.

[kabkaba]

Extension request needs to be filed before I-94 expiration. If that is rejected, the rejection notice will state the number of days you have to leave the US. Any stay beyond that will void the visa.

[txh1b]

If that is rejected, the rejection notice will state the number of days you have to leave the US. Any stay beyond that will void the visa.

No, That is incorrect. Visa is void if the person stays past the I-94 date in case of a rejection of extension. The person leaving based on the rejection notice has got nothing to do with the visa. If the person does not leave, they will start deportation/removal proceedings with-in those days.

Visa is void regardless as soon as one stays past the I-94 date and the extension is denied.

[PraetorianXI]

No, That is incorrect. Visa is void if the person stays past the I-94 date in case of a rejection of extension. The person leaving based on the rejection notice has got nothing to do with the visa. If the person does not leave, they will start deportation/removal proceedings with-in those days.

Visa is void regardless as soon as one stays past the I-94 date and the extension is denied.

That's the correct answer.

[kabkaba]

I know some relatives who had multiple entry visitor visa. They applied for extension before I-94 expiry, stayed beyond I-94, got extension rejection and left the country immediately. Then they again used to same visa to enter without any trouble.

[txh1b]

http://www.uscis.gov/files/article/c1_English.pdf

They were just lucky.

[kabkaba]

I checked with them, they actually left the US after I-94 date but before denial. So, probably their Visa was not voided.

[txh1b]

I checked with them, they actually left the US after I-94 date but before denial. So, probably their Visa was not voided.

The visa is still void in this case as per the law.