Any Issues at Point of Entry ( SFO)

[srag]

My Parents have a 10 year visitor Visa.
They visited us mid June,2003 and we applied for an extension begining of December 2003. Their extension request was denied end of April 2004. They left immediately witin 2 days ( We received the actual rejection letter only 3rd week of May, We received the rejected I-94s end of April ).
My parents plan to visit me again, beginning of January 2005.
I was wondering if there would be any issues at the point of entry ( San Francisco, CA ) - They are planning to have the rejection letter with them.
The date stamp from India would show that they did reach India 1st week of May ( not sure if there is any other way to prove that they left as soon as they received the rejection letter ).
Please let me know if they need to be prepared with anything else.
Has anybody in a similar situation faced any issues recently?
Will they get a 6 month stay?

I have heard of cases where the visa was cancelled and then being sent back on the next return flight - Can this happen ?


Thanks,
SR

[immihelp]

Yes, if their visa extension was denied, 10 year multiple entry visa is NOT valid anymore.

This has been discussed many times on these forums. Look in past threads.

[srag]

I tried to search for similar posts - I did not find any - Can you please send me a link.

Only thing I found is the following

"If you overstay even for one day without extending your visa, it will automatically void multiple entry visitors visa stamp in your passport."

But since they did not overstay ( they were waiting for the extension response ) - I don't understand how the Visa is cancelled - Also the rejection letter did not mention anything about the visa being cancelled.

Thanks,
SR

[immihelp]

If they are in US when they got rejetction, they have overstayed 1 day even if they left on same day.

In your case, they overstayed couple of days.

Read http://www.immihelp.com/forum/showthread.php?t=5385

[srag]

Thanks for the link.


Cutting and pasting below -

'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.'



Is this not accurate? If so, what you mentioned earlier is no longer valid?

Thanks,
SR

[immihelp]

What is stated is accurate. Of course, you are legal as long as the application is pending.

But your problem is different.
Once your application is denied, you are no longer in status if you are still US at the time of denial. That is what voids visa.

[immihelp]

And yes, the content on that website is dated year 2000.

There is nothing new there.

That rule has been around for so long now.

[srag]

I don't see your comment as very logical - when you read the following line from my earlier link -

'This authorized period of stay will continue until the date the INS issues a decision approving or denying the application.'

Do you actually believe that the INS expects the applicant to somehow sense that his application will be rejected and leave the country before the decision is actually received.

Thanks,
SR

[immihelp]

Whether logical or not, I am just telling what the rule is. "Once extension is denied, 10 year visa is void. "

It is up to you to believe or not.

And there is no reason to get upset on me, because I am in fact helping you, providing you free service and I did not anything wrong or any harm to you.

I am just making you aware of the rule, and if their visa is cancelled, and you don't feel happy about it, it is not my fault.

Also,
look at the link I posted earlier at your request, even that guy did not look happy. Was questioning authenticity and all that. Please look at my replies over there.