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  • B2 Visitor Visa Extension

    Hi,

    I came to the US last June under a B-2 Visitor Visa and my I-94 was valid until December, on November I applied for an extension and received my receipt right after.
    When I submitted my request, I asked for it until the 13th of February, since I was enrolled in a Master abroad, which is now over.
    So far I haven't received a final answer and USCIS is taking from 9 to 12 months to get back in this kind of process.
    My questions are:
    - Should I wait in the US until I receive a final answer?
    - What happens if I leave before I receive a final answer?
    - Since it's taking more than the maximum length of the extension (6 months after my original I-94, which in this case means June), if accepted, what means to me to stay longer than June (the answer will arrive between August and November)?
    - If denied, and the letter arrives with an expired date, what does that means to me in the future, when I'm asking for a new visa?

    Thank you

  • #2
    [QUOTE=luafox;561028]Hi,

    I came to the US last June under a B-2 Visitor Visa and my I-94 was valid until December, on November I applied for an extension and received my receipt right after.
    When I submitted my request, I asked for it until the 13th of February, since I was enrolled in a Master abroad, which is now over.
    So far I haven't received a final answer and USCIS is taking from 9 to 12 months to get back in this kind of process.
    My questions are:
    Originally posted by luafox View Post
    - Should I wait in the US until I receive a final answer?
    No. You should leave when you want to leave

    Originally posted by luafox View Post
    - What happens if I leave before I receive a final answer?
    Nothing. The extension of status will be abandoned as you no longer have status to extend

    Originally posted by luafox View Post
    - Since it's taking more than the maximum length of the extension (6 months after my original I-94, which in this case means June), if accepted, what means to me to stay longer than June (the answer will arrive between August and November)?
    I doubt it will take longer than 6 months. Technically, you can stay in the US for as long as the EOS is pending, but it's risky to stay beyond the time you asked for, if it's close to the time a decision is likely to be made, because if you are still in the US on the day they make a decision, no matter if you are approved or denied, you will immediately be accruing "unlawful presence" and your visa will be voided. If you wish to stay for longer than you asked for, you should have filed another Extension of Status before the original time you asked for was over, but that's over now. If you leave before a decision is made, your visa is not voided, even if it's beyond the time you asked for.

    Originally posted by luafox View Post
    - If denied, and the letter arrives with an expired date, what does that means to me in the future, when I'm asking for a new visa?
    If you are still in the US when it is denied, you will immediately be accruing "unlawful presence" and your visa will be voided. There are no statutory consequences beyond that if you leave before 180 days of "unlawful presence", but nobody knows what an officer will consider when you apply for a new visa. If you leave before a decision is made, you did not accrue "unlawful presence" and your visa is not voided, but again nobody knows what an officer will consider when you apply for a new visa.
    Last edited by newacct; 04-03-2018, 11:35 AM.

    This is my personal opinion and is not to be construed as legal advice.

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