B2 Visa Extenstion

[deadhead]

Immi Experts ,
I am hoping to get some advise , we recently applied for my mother's B2 visa extension well in advance, 2 months prior to her I94 expiration date (Oct 12, 2013).

However, her visa expiration date is (26 April, 2013 ) and my understanding was that the extension of stay application has no relation to the validity of the visa stamp on the passport but rather her I-94 expiration date. But I found conflicting information on the USCIS website

You may apply to extend your stay if:
- You were lawfully admitted into the United States with a nonimmigrant visa
- Your nonimmigrant visa status remains valid (her visa expired in April 2013)



Let me know what you all think, thank you in advance

[peace999]

Please note the word "Status" in the USCIS statement.

It means the I-94 status and not the visa.

[deadhead]

Thank you peace for the comment, so should we be worried if we do not receive an updated I-94 after the current I-94 expiration date (Oct 12) ? In case of rejection of the extension application, would she be in illegal status and what should be done ?

Sorry for too many questions, we are a bit worried.

Thanks

[peace999]

You do not need to worry about the visa that expired in april. that has no relevance once you are inside US.

But yes, the extension response not arriving before oct 12 you should be aware of the possible consequences.

When they had the paper I-94 a few months back, if you got a denial of extension after your I-94 date, you were supposed to leave asap.
On departure, the USCIS computer recorded an overstay and on the next visit, you were supposed to prove to the questioning officer that you received
a denial of extension and that you departed timely. By showing the extension denial and departure boarding passes / passport entry stamp of home country.
That worked out ok in most cases, but carried some risk of denial of entry due to officer discretion/lost extension documents.

Now, with automated I-94s everything may have changed.
I suggest your mother either leave before oct 12 or make sure through an immigration attorney of the outcome of a denial received after oct 12.

[deadhead]

Thank you for the response peace, this is very helpful

[peace999]

also as an afterthought, if you will be still reading this;

the best thing for her will be to leave before oct 12.

the reason; when she goes to apply again for a new visa in India, they will view an extended stay negatively.

[deadhead]

would they take it negtively, even if the extension gets approved ?

also as an afterthought, if you will be still reading this;

the reason; when she goes to apply again for a new visa in India, they will view an extended stay negatively.

[peace999]

I have observed this from reading several posts in the last few years;

If she got her visa 10 yrs ago, then a lot has changed in the way they grant visitor visas these days.
10 yrs ago, anyone with an expired 10yr visa with no history of any violation could get a new one thru drop box.
But these days they are closely looking at how you used your last visa even if there were no violations.
Approved Extensions are definitely viewed negatively( unless you can provide a genuine reason). Even very frequent visits
and a 6month stay every time are negatives that MAY bring on a denial.( possible immigrant intent ).

Suggestion;
If she has been staying 6 months everytime and has had very frequent visits; I would suggest she wait another year before applying again
for the visa.