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Hello all,
My parents arrived in the US on 10 Feb 2008. We applied their visa extension for 3 months in last week of May. USCIS received the application on June 05, 08 and we got the receipt I-797 in 3 weeks. My parents' I-94 expires on Aug 09.
I have gone through so many forums to see if they can stay here with their case still pending and got conflicting answers. Main concern is that their 10 year multiple entry visa might get canceled if they get denial. Does it still get canceled if they overstay and get approval? I've read cases where visitors overstayed without any consequences. Also I read this post about INA222(g) at http://library.findlaw.com/2000/Mar/21/127115.html but it seems to be old and I don't know if there have been any changes after that in the rule.
http://www.immihelp.com/forum/showthread.php?t=39833, this post confused me, especially the section - 'If your I-94 is expired and you receive a denial'. It says you have 30 days to leave after denial and and if you do not leave within that time then you are deportable and your visa is void.
Also, it says -
The INS, in cooperation with the Department of State ("DOS"), has revised its interpretation of "remain in the United States beyond the period of stay authorized by the Attorney General" for unlawful presence and the automatic voidance of nonimmigrant visas under section 222(g). The INS will now consider as a period of stay authorized by the Attorney General the entire period during which a timely filed and nonfrivolous extension or change of status application has been pending with the Service, provided the alien has not engaged in any unauthorized employment. This authorized period of stay will continue until the date the INS issues a decision approving or denying the application.
I'm really confused. Can anyone who has experience with this advise me?
My parents arrived in the US on 10 Feb 2008. We applied their visa extension for 3 months in last week of May. USCIS received the application on June 05, 08 and we got the receipt I-797 in 3 weeks. My parents' I-94 expires on Aug 09.
I have gone through so many forums to see if they can stay here with their case still pending and got conflicting answers. Main concern is that their 10 year multiple entry visa might get canceled if they get denial. Does it still get canceled if they overstay and get approval? I've read cases where visitors overstayed without any consequences. Also I read this post about INA222(g) at http://library.findlaw.com/2000/Mar/21/127115.html but it seems to be old and I don't know if there have been any changes after that in the rule.
http://www.immihelp.com/forum/showthread.php?t=39833, this post confused me, especially the section - 'If your I-94 is expired and you receive a denial'. It says you have 30 days to leave after denial and and if you do not leave within that time then you are deportable and your visa is void.
Also, it says -
The INS, in cooperation with the Department of State ("DOS"), has revised its interpretation of "remain in the United States beyond the period of stay authorized by the Attorney General" for unlawful presence and the automatic voidance of nonimmigrant visas under section 222(g). The INS will now consider as a period of stay authorized by the Attorney General the entire period during which a timely filed and nonfrivolous extension or change of status application has been pending with the Service, provided the alien has not engaged in any unauthorized employment. This authorized period of stay will continue until the date the INS issues a decision approving or denying the application.
I'm really confused. Can anyone who has experience with this advise me?
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