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When is Multiple entry visa considered void?

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  • When is Multiple entry visa considered void?

    According to the "revised interpretation of 222(g)" that I found in one of the immihelp B2 forums

    "The practical effect of this new interpretation is that nonimmigrants who timely file extension of stay or change of status applications and subsequently depart the United States after their initial period of stay expires, but before the extension or change of status is granted, will no longer have their visas voided under Section 222(g)."

    However, In the article on extending tourist visa found at
    Visitor Visa Extension - Extend a Tourist Visa in the USA by applying for an extension of stay using these steps.

    The following is written

    "if your extension is rejected, and if you are past the I-94 expiry date, you have to leave immediately. Also, if you previously had multiple entry visa, that visa is void now"

    I would like to know which of these statements is correct. If we wait after I-94 expiry and leave as soon as the reply of denial is got from USCIS, is the mutiple enrty VISA now considered void or not?

    Really appreciate any inputs on this.

    Thanks!!

  • #2
    Both are correct.

    The first one says that as long as you have timely filed extension, you are in legal status even after I-94 expiration as long as the petition is pending.

    The second one says that your visa is void and you are out of status immediately if your extension is denied and if your I-94 has already expired at that point.
    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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    • #3
      Thanks for the reply immihelp.

      I do have a follow-up question. I also noticed that CIS allows 30 day grace period to leave US. So I am on status until reply from USCIS, and if it is a denial i leave asap(before the 30days). Is my visa still void?

      If above is true, please explain the advantage if any of the "revised interpretation of 222(g)"

      Thanks!!

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      • #4
        There is really no grace period.

        30 days is the period after which you may be "kicked out of here" if you don't voluntarily depart. You are out of status the moment your extension is denied and should leave immediately.
        Immihelp Support
        No legal advice. Use at your own risk.

        Visa and Greencard Tracker

        Visitor Medical Insurance for your visiting relatives.

        Comment

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