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B2 extension denied - do I have 30 days or do I leave now

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  • B2 extension denied - do I have 30 days or do I leave now

    My girlfriend and I are UK citizens but applied for and received a B2 visa in order to spend 6 months in Colorado. In November, after 4 months of our stay we applied for an extension.

    I got the denial letter this morning having already started packing having checked online, and making plans to head over to some family friends up in Canada. However, the letter indicates that I have 30 days. Here's exactly what it says:

    "USCIS is not initiating removal procedures against you at this time. The decision resulting in the denail of Form I-529 leaves you without lawful immigration status and you are now present in the US in vioulation of the law. You are required to depart the US within 30 days from the date of this decision or be subject to removal proceedings. Remaining in the US beyond this time will also affect your ability to return to the United States."

    Which seems to say that
    a) I am now in violation of the law by being present in the US
    BUT
    b) I have 30 days before I'm subject to removal proceedings
    AND
    c) If I leave before the 30 days my ability to return to the US will be unaffected.

    I'm now wondering whether I'm OK to string out my departure for another few weeks. The paperwork indicates that this shouldn't be a problem. My only concern is whether I will then have trouble returning to the US in future as I have often travelled to the US on business in the past.

    Any constructive comments? I'm just looking to do this by the book. Does anyone have experience of returning to the country after staying past I-94 date waiting for an extension decision? The cancellation of the B2 visa isn't really an issue as I won't need it in future anyway as I have no intention of another extended stay in the USA.

    Any help would be greatly appreciated!

  • #2
    You got 30 days to leave before you are put in removal (deportation) procedures...

    Your ability to return to the USA IS AFFECTED.

    Your visa is void and cancelled... you will need to apply for a new one.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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