extension of visitor visa

[Jessica Simon]

Is applying for US extension of visitor visa something is considered bad by the US immigration? Will it effect my future entries into the US? I have heard from some friends that extended is always frowned upon, so it might be safer to return to my home country and then come back to US. I'm applying for extention to rewrite some exams that I have failed, I'm on the B1/B2 visa.

[inadmissible]

It often takes longer to adjudicate a visa extension than the applicants remaining duration of status. As a practical matter, the applicant will accrue unlawful presence when they receive their notification that their application was denied, because of the time it takes to make arrangements to leave.

B-2 extensions have a well deserved reputation of being a long shot, and having a high denial rate. Extensions of status receive higher scrutiny from USCIS than most aliens face when applying for admission at a port of entry. Further, aliens who fit the stereotype of being credible non-immigrants don't get the benefit of the doubt in an extension application that they would get when speaking face-to-face with a border agent. Aliens typically do not write a narrative sufficient to meet the requirements of the extension. Worse still, some aliens in their narrative reveal that they have violated the terms of their visa or are otherwise lacking in bona fide non-immigrant intent

An extension of status may very well be appropriate for you, but be aware of the pitfalls other aliens face in doing so

[Jessica Simon]

It often takes longer to adjudicate a visa extension than the applicants remaining duration of status. As a practical matter, the applicant will accrue unlawful presence when they receive their notification that their application was denied, because of the time it takes to make arrangements to leave.

B-2 extensions have a well deserved reputation of being a long shot, and having a high denial rate. Extensions of status receive higher scrutiny from USCIS than most aliens face when applying for admission at a port of entry. Further, aliens who fit the stereotype of being credible non-immigrants don't get the benefit of the doubt in an extension application that they would get when speaking face-to-face with a border agent. Aliens typically do not write a narrative sufficient to meet the requirements of the extension. Worse still, some aliens in their narrative reveal that they have violated the terms of their visa or are otherwise lacking in bona fide non-immigrant intent

An extension of status may very well be appropriate for you, but be aware of the pitfalls other aliens face in doing so

So, would it be beneficial if I were to apply for extension well in advance? And If I were to leave by the I-94 date if I have not recieved either an acceptance or rejection from US immigration, that would be okay? What about going to a boardering nation and then returning after a couple of weeks? Is that wrong? Doesn't seem right to me, but just wanted to know. Or would the safest option be to return to my home country and then make another visit?

[newacct]

If you plan to leave within 2 or 3 months after the I-94 expires, it is more beneficial to apply as late as possible, close to the I-94 expiration (but still making sure the application reaches USCIS before I-94 expiration). That way, the extension of status application won't be processed by the time you leave (it often takes 4-5 months), so you have no risk of being denied while you are here.

[tokenfarmboy]

Future uses of B2 after extension

Hello, it seems like a good idea to file late and count on no reply before you depart, but I was wondering if and when you are accepted for an extension, does it void your original visa? After an extension you can still use the B2 visa for future visits for the rest of the 10 year validity period?

Thanks,

[newacct]

Hello, it seems like a good idea to file late and count on no reply before you depart, but I was wondering if and when you are accepted for an extension, does it void your original visa?

no

After an extension you can still use the B2 visa for future visits for the rest of the 10 year validity period?

yes

[Mihir Karia]

In the same boat

Is applying for US extension of visitor visa something is considered bad by the US immigration? Will it effect my future entries into the US? I have heard from some friends that extended is always frowned upon, so it might be safer to return to my home country and then come back to US. I'm applying for extention to rewrite some exams that I have failed, I'm on the B1/B2 visa.

I am the same boat. I have decided to file for an extension as late as possible and stay here after extension but before I receive a reply of approval or denial.

Just wanted to know if we get a denial from USCIS after we have departed does it count as overstay from the date of the original I94 date? I read somewhere that it will count as overstay and if the Extension is denied the B2 Visa will be void and we will have to reapply.

Anyone who has more information please help.

Mihir

[newacct]

Just wanted to know if we get a denial from USCIS after we have departed does it count as overstay from the date of the original I94 date? I read somewhere that it will count as overstay and if the Extension is denied the B2 Visa will be void and we will have to reapply.

If you leave before a decision is made, it will not void your visa. "Overstay" is not a term defined in immigration law, so it's not possible to answer that question.

[inadmissible]

Just wanted to know if we get a denial from USCIS after we have departed does it count as overstay from the date of the original I94 date? I read somewhere that it will count as overstay and if the Extension is denied the B2 Visa will be void and we will have to reapply.

If your timely-filed extension of status is denied, you will accrue unlawful presence from the date of denial - not the date of the expiry of your status (as recorded on your I-94). That said, you would have remained in the United States out-of-status during that time even if you had not accrued unlawful status, which makes your B visa void. You should obtain another B visa before seeking re-admission to the United States

[newacct]

That said, you would have remained in the United States out-of-status during that time even if you had not accrued unlawful status, which makes your B visa void.

No it doesn't. INA 222(g) doesn't apply when you leave before a decision is made. See 9 FAM 302.1-9.

In particular, 9 FAM 302.1-9(B)(1)(c)(4)(b) contains "In addition, if an alien departs after the date on the Form I-94 passes, but before his or her application for extension or change of status has been decided by USCIS, they must be subject to a blanket exemption from INA 222(g), if the application was filed in a "timely manner" and is "nonfrivolous" in nature."

And the chart in 9 FAM 302.1-9(B)(6) has an entry "Alien admitted until specified date; submits a timely and non-frivolous application for extension or change of status; departs U.S. after expiration of Form I-94, but before a decision on the Form I-94 extension/change of status application. - Not Subject [to INA 222(g)]"

[MelissaB]

Last year November 25th ,2016 I came here to visit my sister and Officer stamped 6 months stay for me and l stayed until april 30th 2017. I wanted to visit my sister again this year to see her and my niece and this time the officer stamped 3 months stay in USA, is it gonna effect my next visit time to USA ? I mean next time if the officer see they stamped 3 months to my previous visit , They will stamped again 3 months or less ? l did not over stay or never be out of status.
Also I applied for extension (i-539) but l am not going to wait their answer because l do not wanna be out of status. Also applying for i-539 is negative impression on them ??
I know lots of people applying for it more than once and they did not have any problem when they entered the USA.

(Summary of my story: I came to United States on September 13th, 2017. My return ticket is March 5th, 2018. I was planning to stay here for six months. But the immigration officer stamped in my passport until December 11th, 2017 (3 months) .I applied i-539 for extend my Nonimmigrant Status. On the web site they told I need to send my form at least 45 days before my leaving time. I sent it 55 days before it. They received my form On October 18, 2017. I still do not hear from them and I called the customer service for asking if I do not receive my result until December 11th, 2017 (which they stamped in the airport.) They told me they are still working on March’s cases! (So why they are accepting new forms if they are very behind the schedule?) Officer told me l can stay during my cases is pending maximum period of 240 days.
If my application for extension is denied after my previously approved stay has expired and I am still in the United States, I will be considered “out of status” as of the date my original period of stay expired. And he told me they are going to cancel my visa and I need to apply for it in my country again. I do not want to take any risk and I will go back. )