B2 overstay - a bit complicated

[anotherguy]

Hi All,

My mom came here on B2 visa in april, she got an i94 till october. In Aug end, I applied for extension asking for 4 month extension, that will be till feb end.

As per current processing times, i will get the response only in march 1st week and also mom cannot travel before march end.

Now the questions are -

#1 If she gets the extension until feb end and she travels in march end, would that mean overstay of 1 month? what is the penalty for overstaying less than 6 months? I can see that for greater than 6 months the penalty is ban for 3 years, for less than 6 months i dont know what the penalty is?

#2 If by March beginning she gets a visa rejection, does that mean she overstayed since oct or only after rejection, they will consider it overstaying?

Please let me know your comments.

Thanks in advance.

[PraetorianXI]

#1 there is not ban for an overstay under 180 days, but her visa will be cancelled/void.

#2 if the extension is denied, she will be subject to 222(g) and her visa may be cancelled, void next time she comes... plus, if the overstay is longer than 6 months she will be subject to a 3 year ban

[anotherguy]

Thanks for the info.

One more question, I had applied for extension of 4 months, in case they approve the extension will that be for 4 months or by default do they give for 6 months.

[PraetorianXI]

that is up to the officer who reviews/approves the extension. not possible to predict.

[bukiwe]

another B2 overstay, urgent and complicated

Hi there

I'm not sure if I'm posting correctly but would really appreciate some help. My husband and daughter have been in the U.S. on visitor's visas, B2 expiry Jan 8. They applied for extension 6 weeks prior. They have not yet received a response, but we heard (when I was crossing the border) that their application had been rejected as of Jan 3 due to an issue with the fee.

What I have figured out is that we should have paid $290 for the renewal, instead of $580. I had called to check whether we owed two fees, or whether our daughter was covered under the one fee and was told it was $290 each. Tonight they said $290 total for the two of them.

Anyway, we can resubmit with the correct fee apparently, but since it is past B2 expiry it will likely get denied??? I think??? I would have to make a case explaining, but don't have documentary evidence to support it. Not sure what I can do to improve the chances of still being granted an extension.

Our big worry is the ticking "overstay clock". If this isn't resolved in our favour very shortly they'll fall into that bad category/deportable thing I forget the name of. If they have to leave we want to get them out before 30 days are up because I don't think a resubmission extends the date any.

We are trying to do everything correctly, and obviously are hoping they can still stay...any wisdom and advice???

Thanks very much.

[txh1b]

As it is past the i-94 date, there are not many options to extend stay. Better to leave immediately as a denial would result in a lot od damage.