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  • Eos

    On your website, the page https://www.immihelp.com/visitors-visa-extension/
    states
    the following:

    "If your extension is rejected, you have to leave immediately as you get out of status immediately. It is understood that there are practical difficulties in leaving on same day it takes time to arrange the air tickets, pack the bags and so on, but legally, there is no grace period. Also, if you previously had multiple entry visa, that visa is void now and you will have to apply all over again at the consulate when you want to visit next time. You may consult an immigration lawyer to see if they can negotiate with USCIS for you to depart voluntarily by a certain date that is practical so that you can make tickets and other arrangements. You can NOT appeal this rejection decision. Senator or congressman can NOT help in his case."

    Would you please point me to the related INA act? What is your justification to say that a nonimmigrant automatically becomes out-of-status in case of the Extension of Stay application is denied?
    Immihelp Support
    No legal advice. Use at your own risk.

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  • #2
    222(G)
    https://www.immihelp.com/section-222-g-visa-overstays-in-the-us/
    Immihelp Support
    No legal advice. Use at your own risk.

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    • #3
      Where exactly in Section 222(g)? Section 222(g) applies ONLY to
      "overstayers".
      You wrote on your website, "If your extension is rejected, you have to
      leave immediately as you get out of status immediately". That is simply
      not true. One could have EOS application denied and STILL be within the
      authorized period of stay according to the original I-94.
      For example, if your I-94 says you could stay in the US until March 05,
      08, and you file an EOS application which gets denied on January 15, 08,
      doesn't mean that you will have to leave US immediately. You are still
      abiding by the original I-94 so you can stay until March 05, 08. It also
      doesn't void your Visa or make you out-of-status.
      Immihelp Support
      No legal advice. Use at your own risk.

      Visa and Greencard Tracker

      Visitor Medical Insurance for your visiting relatives.

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      • #4
        You can of course, stay until your date in I-94 and you will be in status.

        It is for the people whose I-94 has already expired, and if there extension
        is rejected, they have "overstayed" from the time of rejection till the time
        of departure, even if it is few hours or few days. That is when 222(g)
        applies.
        Immihelp Support
        No legal advice. Use at your own risk.

        Visa and Greencard Tracker

        Visitor Medical Insurance for your visiting relatives.

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