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Implications of visitor visa extension

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  • Implications of visitor visa extension

    My parents came to US in Oct'16 and they have I94 till April 2017 which is 6 months.

    Now there is a family wedding in July '17 and I am looking for options foe them to stay till july '17.

    1 : Will it be an issue if I apply for extension of their visit for another 3-4 months?

    2 : Is there any kind of impact on their future travels to US if the extension is denied?

    3 : Is there any kind of impact on their future travels if the extension is approved and they leave before their new I94 expires?



    4 : Is applying for extension citing the wedding as reason a valid reason?

    PS : Their next travel back to US could be sometime in early 2018.



    Please advice.

  • #2
    Originally posted by jonnasn View Post
    My parents came to US in Oct'16 and they have I94 till April 2017 which is 6 months.

    Now there is a family wedding in July '17 and I am looking for options foe them to stay till july '17.

    1 : Will it be an issue if I apply for extension of their visit for another 3-4 months?
    no

    Originally posted by jonnasn View Post
    2 : Is there any kind of impact on their future travels to US if the extension is denied?
    If they are still here when it is denied, then they have accrued unlawful presence and their visa will automatically be voided, and they will forever have to apply for visas in their country of nationality from now on.

    Originally posted by jonnasn View Post
    3 : Is there any kind of impact on their future travels if the extension is approved and they leave before their new I94 expires?
    No legal impact. Could their longer period of stay be a factor in a future visa officer or immigration officer's decision? Who knows.

    There is another case you haven't mentioned, which is if they leave before the extension of status application is decided, in which case there is again no legal impact. Note that extension of status applications take 3-5 months to process these days, so if they file say in April, there is a good chance that it won't have been decided by the time they leave in July.

    Originally posted by jonnasn View Post
    4 : Is applying for extension citing the wedding as reason a valid reason?
    yes

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Thanks NewAcct.

      @ other senior members....thoughts?

      Comment


      • #4
        ALso, I have another scenario where I need some advice.



        As said above, their current I94 expires in April 2017.



        Now if they leave in April 2017 as per original itenary, Is it ok if they come in JUly 2017 to attend wedding?

        Can they stay for 6months when they come in July 2017?

        If they come in July 2017 for wedding and go back in a 3 weeks, is it ok if they come back in April 2017?



        Thanks a lot in advance.

        Comment


        • #5
          Originally posted by jonnasn View Post
          ALso, I have another scenario where I need some advice.



          As said above, their current I94 expires in April 2017.



          Now if they leave in April 2017 as per original itenary, Is it ok if they come in JUly 2017 to attend wedding?

          Can they stay for 6months when they come in July 2017?

          If they come in July 2017 for wedding and go back in a 3 weeks, is it ok if they come back in April 2017?



          Thanks a lot in advance.
          Nobody knows. Each entry is at the discretion of the immigration officer.

          This is my personal opinion and is not to be construed as legal advice.

          Comment


          • #6
            Sounds like they're spending too much time in the US on a tourist visa. B2s are for short, temporary visits to the US.

            Comment


            • #7
              A final advice needed...



              so is it better if they extend their visit till July 2017 to attend wedding or go to India in April as per initial i94 and come back in July 2017 to attend wedding (for 3 -4 weeks)?

              Comment


              • #8
                Preferable to exit the US now in January and return in July. An unwritten rule of thumb is to spend at least, if not more, time in the home country than in the US.

                Comment


                • #9
                  Originally posted by newacct
                  If they are willing to stay in the US the whole time, the simplest way is for them to just stay here and not leave in April, and wait until you become a citizen at which point they will apply for Adjustment of Status.
                  @newacct

                  I understand the sarcasm behind your response. Did i say they want to be in US for ever? They have their work to do back in India and they have no intention to settle down here.

                  All this confusion raised because there is an important wedding that they need to attend in US in July 2017 and their current I94 expires in April 2017.
                  So we are trying to find the best possible way to handle this.

                  I would appreciate if you avoid sarcasm and provide better advice.

                  Thanks

                  Comment


                  • #10
                    It's odd they have work to do back home, but still expect to spend almost 10 months.. October to July.. in the US on a B2 visa.

                    As an aside, this IS a volunteer forum where all sorts of advice may come your way. An alternative option may be to consider opting for professional immigration consultants who may offer advice more suited to a particular situation.

                    Comment

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