Visa extension rejection does not void 10 yr visa - this is really TRUE

[johnhips]

http://library.findlaw.com/2000/Mar/21/127115.html

This article can be helpful for people who wants to come back even after their extensioned was denied. I would like to add a post based on what my mother-in-law experienced. She was here in the US til September of 2004 with 10 yr multiple visa. We filed for her extension around May 04 and got the denial letter September 09. What we did is booked her flight asap and left US after 1 1/2 weeks.

Now, fast forward to 06. Since we would like to have somebody we know to take care of our 2 yr old son, we took the risk of booking her flight back here in the states. When she arrived at the airport, the immigration officer ask her these simple questions:

1. When was the last time you were here in the United States?
A. I was here 2004.

2. How long have you stayed here during 2004?
A. Actually, I overstayed for 3 months.

3. Why did you overstay? (Immigration officer was looking at his computer)
A. There was a family reunion that I need to extend my stay plus it was also the christening of my one and only grandson.

4. What are those documents you have with you?
A. Actually, these are the Receipt notice for my request of extension plus the denial letter I got before I left the US.
(Immigration officer checked the document, and also looked into his computer)

5. Why are you coming back?
A. It's been 2 yrs that I haven't seen my only grandson. I wasn't here when he celebrated his 1st and 2nd yr bday.

After asking other unnecessary questions by the IO, she was asked to have her index finger stamped plus took her picture. Her passport was stamped and she was given another 6 months!!!

Wasn't that great? We were really praying so hard she won't get denied and we were so happy to see her again.

I think it may also depend on the discretion of the Immigration Officer if she/he wants to grant you enter the US again.

[immihelp]

This is very old article. Nothing new about it.

It is quite misleading what it is saying.

All it is saying is that you would in legal status as long as you file your extension before your current I-94 expires. We all know that very well and agree with it completely.

It does not talk about the out of status. You are out of status the moment your visa is rejected and that is what invalidates your visa.

[johnhips]

This is very old article. Nothing new about it.

It is quite misleading what it is saying.

All it is saying is that you would in legal status as long as you file your extension before your current I-94 expires. We all know that very well and agree with it completely.

It does not talk about the out of status. You are out of status the moment your visa is rejected and that is what invalidates your visa.

I know this is an old article. I am only writing cuz I saw that thread too. All I am saying is that people from the INS especially the immigration officer from the point of entry def knows this rule.

I am not sure if you really read the whole story that I wrote. To summarize it, my mom was in a way already out of status (accdng from your interpretation) since she overstayed here in the US and got the denial letter before she left. Since she has 10-yr multiple entry visa, she never went to any US consulate. We just book her flight back after two yrs and she got in without problems. So how can you say that her visa is invalid if the Immigaration officer gave her another 6 months?

[immihelp]

I have heard several people being allowed in past inspite of this situation.

Also, I have heard several people not being allowed to enter the US and sent back.

Therefore, if someone wants to take chance, that's fine. You turned out to be lucky.