Visa Extension, Denial, Please Help

[pailhead]

Hi,

I came to the united states as a tourist on a b2 visa, and entered the country in late december of 2006. I've been here ever since, and i filed a petition to get my visa extended in early june. My I-94 was stamped for 6 moths and i've mailed it in because that's what it said on the form.

Now i am waiting for the answer and i am still here. I've postponed my ticket back a few times now, and that cost me a lot of money. Right now i'm scheduled to go back on 2nd of october, and i'm expecting the answer in early september.

What do i do if i get denied? I've called the immigration service a whole number of times, and every single time they told me that i'm here legally if i've sent the petition before my i-94 expired AND that i have 30 days to get out of the country if i get rejected.

I guess this would suit me fine because i can use the ticket which i've already booked, and get out by the time i need to go back to school. After all, i only asked for an extension until mid october.

But what happens if i don't have 30 days to get out? I'm currently in California, and i need to go back to North Carolina in order to go back home, there is no way i can do at the same day.

Does this mean that I will surely be out of status and break the law if i stay long enough to get the answer?

Is the safest thing to do, to actually file the petition, than stay for another 3 months, and then go back just before you get the answer, because thats the only thing that makes sense?

What should i do? I don't want to be banned from getting back to the country, and i would like to apply for a work visa when i'm done with the college, or play the green card lottery.

Please help.

[peace]

You should have talked to someone before applying for an extension,
They take a long time; many months.

Take note of sec 222g which means your visa is AUTOMATICALLY void if you overstay. So, technically, sec 222g begins to apply the day you receive the denial notice. They told you 30 days but I suggest you leave as fast as possible because the next time you enter; entry is entirely at the discretion
of the officer and some officers may think 30 days was too long and will apply 222g and send you back. Always carry a copy of the denial notice, your previous I-94 and evidence of date of departure from US (boarding pass, arrival stamp of home country on the passport), while reentering.

If you do not receive the denial notice even before your departure;
you should save the receipt for extension application and the copy of I-94 you sent in, to show at next entry.

[pailhead]

If i get the answer in about a month, (early september) and if i get denied, would i have enough time to send that form to get my original i-94 and get it back by then?


I would definitely like to stay until 2nd of october, i have to go back by then anyway, but i am afraid to do something that would ruin my chances in the years to come. If i get the denial and if i can stay for 30 days than there's no problem, but if i get rejected or blacklisted because of that than it would be a great loss. If i get the extension approved than i could had saved my self a lot of worry, and i could get to see the east coast which i would very much like to..

Would my safest bet be to go home before getting the answer?

[peace]

There is no advantage in leaving before the response. YOu should wait because if it is a YES received in sept, you can stay in US till oct 2 as you
wish to. If it is a NO received in sept and you leave in a few days, which you must, it will all be legal and you won't have any problems reentering the next time.

Just carry the denial notice when you enter next.

[pailhead]

Thanks,

So to confirm it, if i get denied, and make arrangements to leave in the next few days (lets say a week) i wont necessarily get myself banned from coming here in the next 3 years BUT i MIGHT get denied entrance when i arrive at the airport the next time i come?

[peace]

3 year bar only starts after 180 days of overstay , so you do not worry about that and you should not even worry about next entry, because if you leave in a few days of denial and you can prove it to the officer, he will allow you in.

[pailhead]

Thank you so much! You're a life saver! I was really worried about this.