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  • tourist visa denied future visit implications

    Hi,

    My mother is a surgeon in India and she came over for a family emergency to the US and ended up staying for almost a year. We applied for her extension 6 months ago and didn't hear back from USCIS even after a biometric appointment for a long time and now she is leaving in 2 days. We got an email from USCIS today stating that her stay has been denied and since the date on her I94 has passed, it makes her last 6 months' stay illegal in the US.

    I would appreciate help with the following questions-
    1. Will she have trouble renewing her US tourist visa from India for the next ten years? Is there any way to get help and solve it incase she does have trouble with help of lawyers?
    2. Will she have a problem entering the US in the future? If yes, is there a solution?
    2. Will she have trouble leaving the US in two days?

    Thank you for your help and response in advance

  • #2
    did she over stayed her visa before applying for the extension ? If Yes how many days? ...

    Buh if she didnt overstayed before applying for the extension, she should be fine cos immediately she file the i539 i guess, she has a legal presence in the US pending the decision of her case. her illegal presence begins from the day the extension was denied, and i think that should be stated in the denial notice.
    This is my little understanding

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    • #3
      Originally posted by mic123 View Post
      1. Will she have trouble renewing her US tourist visa from India for the next ten years? Is there any way to get help and solve it incase she does have trouble with help of lawyers?
      She will certainly be extra questioned, ask her to keep record of her extension filing & boarding pass/tickets handy when trying to renew her visa, to prove that whatever happened is not intentional.​
      Originally posted by mic123 View Post
      ​2. Will she have a problem entering the US in the future? If yes, is there a solution?
      She will certainly be questioned at POE about her last stay. Again, keep documentary proof ​handy at the time of interview to prove that intention.
      Originally posted by mic123 View Post
      ​​3. Will she have trouble leaving the US in two days?
      Not at all.
      Originally posted by Sdollar4real View Post
      Did she over stayed her visa before applying for the extension ? If Yes how many days? ...
      Yes, This is important to know how many days overstayed.
      Exact dates of her entry, initial I94 expiry, extension filing, denial response would help us answer better.
      Originally posted by Sdollar4real View Post
      ​Buh if she didnt overstayed before applying for the extension, she should be fine cos immediately she file the i539 i guess, she has a legal presence in the US pending the decision of her case. her illegal presence begins from the day the extension was denied, and i think that should be stated in the denial notice.
      That's correct. Also, try to call USCIS to know what was the reason of denial.
      - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

      If my opinion helping you, then please do click "like" button below.

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