Tweet
Reading this forum helped me a lot to understand the B2 extension process for my in-laws - their extension was approved so I wanted to share my experience.
Parent in-laws visiting from India on multi-entry 10 year visa. Initial i94 valid for 6 months. Good travel history and no prior extensions or overstays.
Based on everything we learned my opinion is you must prove four things; your reason for extension was unplanned; you have financial support and will not be a burden; most importantly you must prove intention to leave; and must not appear as having intention to reside long term, immigrate or excessive extensions or entries <general rule 6 months in, 6 months out but longer is always better>.
1) We filed the extension two months before the i94 expired and we only requested additional 2 months based on our reason to extend.
2) We included a formal letter requesting the extension until <date>; reason for extension <should be something unplanned for>; a statement about their job status and finances <in our case parents are retired>; and described their travel plans and intention to leave the country.
3) We included copies of all passports, visas, i94s, and copies of ticketed plane itinerary. Yes we paid the money and changed the tickets because we felt it showed stronger intention to leave - some people don't, some people do, some people get denied for not providing evidence of intention to leave.
4) We included affidavit of support stating I was responsible for all room and board and transportation and provided top page copies of my tax returns (just enough to show income) and a few bank statements showing I have access to some money.
Learned Lessons:
1) Visa is not a guarantee of entry.
2) Border control decides if your visa is still valid, how long you can stay and just like police they have discretion to allow entry or not.
3a) If on a multi-entry visa make your request as strong as possible to ensure approval; denied extensions resulting in a foreseeable overstay can void the visa 222(g). I understand consulates say visa is still valid and I understand border control might ask for extension letters if you left within 30 days and sometimes people never get asked at all. If you searched this topic then you already know that everyone has different stories and most times it's positive but tip #2 border control decides if your visa is valid (full stay, short stay, or stamp the visa void per 222(g) and deny entry) so make your request as strong as possible.
3b) Extension approval takes 2-3 months online or mail based but online is better because it validates the form, you can upload files and get the receipt almost instantly.
3c) If you are only requesting 1-2 months then wait until 30 days before to request extension. Do the math, odds are good they won't approve or deny before you leave, I found conflicting information that 222(g) won't apply if you leave after your original i94 date but before the formal denial date.
3d) In all cases, make sure you keep a copy of all documents when you come back to the U.S. even if you leave before approval or denial get those letters because border control will want to see them; also if your home country doesn't stamp return dates in your passport then keep a copy of your plane ticket too.
3e) If are denied and you have overstayed your original i94 then leave within 30 days of the decision date or else you might have a really hard time in the future.
4) You cannot appeal if the extension is denied (it is possible to pay more money and request to reopen the case but only if USCIS didn't follow process based on the documents included in the original request).
Hope this helps someone -
Parent in-laws visiting from India on multi-entry 10 year visa. Initial i94 valid for 6 months. Good travel history and no prior extensions or overstays.
Based on everything we learned my opinion is you must prove four things; your reason for extension was unplanned; you have financial support and will not be a burden; most importantly you must prove intention to leave; and must not appear as having intention to reside long term, immigrate or excessive extensions or entries <general rule 6 months in, 6 months out but longer is always better>.
1) We filed the extension two months before the i94 expired and we only requested additional 2 months based on our reason to extend.
2) We included a formal letter requesting the extension until <date>; reason for extension <should be something unplanned for>; a statement about their job status and finances <in our case parents are retired>; and described their travel plans and intention to leave the country.
3) We included copies of all passports, visas, i94s, and copies of ticketed plane itinerary. Yes we paid the money and changed the tickets because we felt it showed stronger intention to leave - some people don't, some people do, some people get denied for not providing evidence of intention to leave.
4) We included affidavit of support stating I was responsible for all room and board and transportation and provided top page copies of my tax returns (just enough to show income) and a few bank statements showing I have access to some money.
Learned Lessons:
1) Visa is not a guarantee of entry.
2) Border control decides if your visa is still valid, how long you can stay and just like police they have discretion to allow entry or not.
3a) If on a multi-entry visa make your request as strong as possible to ensure approval; denied extensions resulting in a foreseeable overstay can void the visa 222(g). I understand consulates say visa is still valid and I understand border control might ask for extension letters if you left within 30 days and sometimes people never get asked at all. If you searched this topic then you already know that everyone has different stories and most times it's positive but tip #2 border control decides if your visa is valid (full stay, short stay, or stamp the visa void per 222(g) and deny entry) so make your request as strong as possible.
3b) Extension approval takes 2-3 months online or mail based but online is better because it validates the form, you can upload files and get the receipt almost instantly.
3c) If you are only requesting 1-2 months then wait until 30 days before to request extension. Do the math, odds are good they won't approve or deny before you leave, I found conflicting information that 222(g) won't apply if you leave after your original i94 date but before the formal denial date.
3d) In all cases, make sure you keep a copy of all documents when you come back to the U.S. even if you leave before approval or denial get those letters because border control will want to see them; also if your home country doesn't stamp return dates in your passport then keep a copy of your plane ticket too.
3e) If are denied and you have overstayed your original i94 then leave within 30 days of the decision date or else you might have a really hard time in the future.
4) You cannot appeal if the extension is denied (it is possible to pay more money and request to reopen the case but only if USCIS didn't follow process based on the documents included in the original request).
Hope this helps someone -
Comment