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Mother's : Visitor Visa Extension

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  • Mother's : Visitor Visa Extension

    My Mother I94 is expiring on 8/25/2014.

    Extension application filed in July (Received by USCIS on 7/2/2013).

    My Mother's return flights are booked for 7/21/2013 and on USCIS tracker the status is in initial review.

    Not sure if I should extend her flight or cancel it. Could you please advise

    1) If there could be issues with her or us having an expired I94.

    2) What if her extension gets rejected ? and she has to fly back to India with expired I94.


    Please advise the pros and cons. Thanks in advance.

  • #2
    this issue has been discussed many times but for new visitors on this forum here is the analysis;

    It is a gray area one should avoid. USCIS has a pdf document out " extending my status while in US" which clearly states that;
    if one stays past one's original I-94 date even with a pending extension or change of status, one's visa becomes void.
    But in practice, people are re-admitted on the same visa by CBP on proving that they left immediately when they received a denial of extension
    past their original I-94.

    Considering the fact that the processing takes anywhere from 3 to 4 months , it is a given she will be waiting past her date for the response.
    I would advise, if it is nothing urgent that demands her stay in US, she should leave before aug 25. So, on her next visit, she does not face any problems.

    In future, apply for an extension very early in one's stay . to allow for 3-4 months of processing.

    Comment


    • #3
      Thanks for your reply.

      Yes I do have an urgency , I have a new born and my wife has some medical issues.

      Having mother here helps us while we are following up on medical issues.

      Submitting extension applications too early were not recommended. (As they would thought it was pre-planned)

      What is she leaves when Decision is Pending and I-94 Expired.

      Regards
      Vineet Rawat

      Comment


      • #4
        Leaving after the I-94 date ( irrespective of the response) will record an overstay in USCIS computers.

        If you ask CBP , they say you will be readmitted showing proof that you had an extension pending.



        In future, one can apply for an extension 2 months after entering on a 6 month stay. At least you will get a response
        before the I-94 date and will be saved from the current dilemma. About approval, there are no guarantees even if you apply late.
        Last edited by peace999; 08-06-2014, 08:55 PM.

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