B2 Extension denial

[pailhead]

I just received the answer from the USCIS saying that my petition to get my stay extended has been denied. It says that i am now in violation of the US law and that i have to leave the country in 30 days after the decision date. My plane ticket is booked for 2nd of october, and their decision has been made on 25th of august. I received the answer today, on 4th of september.

A lawyer told me that since i'm already out of status i don't really have to worry about staying here for 32 days instead of 30 or so.

If i leave on the 2nd of october, will i have to worry next time i apply for a visa?

[knowledgeable]

Good job

They [USCIS] tell you that you're in violation of the US laws and ask you to leave in 30 days, but your lawyer says that 32 days is okay since you're anyway out of status.

So next time when USCIS rejects your future applications you will argue with them that your lawyer advised you to stay back 32 days even though USCIS asked you to leave in 30 days.

Do the math, my friend, do the math.

It'll cost you about $200 or less to re-schedule your air tickets, it's not worth getting on the bad side of USCIS.

Take care.

[pailhead]

A few days in this case can have grave consequences?


I wouldn't argue with anyone, i would say that i had my arrangements already made, but if you say that this can prevent me from getting future visas i'm going to go back sooner.

[PraetorianXI]

If USCIS suggests you to leave in 30 days, then you can leave before, at, a little after 30 days.

If USCIS asks/requests/demands you to leave in 30 days, then you leave in 30 days or less! No questions asked. Always show good faith when dealing with USCIS. It will help you in the future.

[pailhead]

How exactly does it reflect my future? I've read that you get a 3 year ban if you overstay your visa for 180 days. It doesn't mention anything up to that point.

[peace]

pailhead

your lawyer is dead wrong. Anyway sec222g ( visa void due to overstay)
applies now but is specially prevented from being in force for 30 days for denied extentsions so people have enough time to leave.
If you extend it any further , you will not be able to reenter ; not because of the entry bar ( there is no entry bar for overstays of less than 180 days) but because of sec 222g ( visa void due to overstay) ;the officer at entry will apply sec 222g and manually cancel your visa. And it will be very hard for you to get another visitor visa again.



THIS WILL HAPPEN ; TAKE MY WORD FOR IT . So be smart,prepone your ticket and leave before 30 days are over. Or you will regret it forever.
And save your denial letter and your boarding pass to show at next entry.

[pailhead]

My visitor visa has already expired in july, a couple of weeks after my i-94. I don't intend to come here as a tourist again, i will start playing the green card lottery, and i will apply for the work and travel program (J-1) next year.

The letter says that i'm already in violation of the law, even if i leave tommorow. It seems to me that this extension thing is a gamble, you either get your stay extended, or you are really really screwed.

[peace]

If they give you 30 days in writing, it means you will be legal if you leave within that period.

I do not advise you overstaying beyong 30 days. that will destroy your chances of ever getting a visitor visa again ; just in case you did not win the gc lottery.

[pailhead]

I don't really plan to apply for another tourist visa. Once i get a degree in a year or couple of years at most i plan to apply for a work visa. In the meantime, i would like to apply for a work and travel program, and that is the J1 visa i believe.

Will an overstay have any effect on these?

[peace]

an overstay less than 180 days does not invite an entry bar but affects apps for those visas that require you to show non-immigrant intent . Those visas are all non-immigrant visas except H-1 and L-1. J-1 also requires a non-immigrant intent and may be denied if the officer detects a past overstay.

I suggest , for a few hundred dollars, do not put your future in an uncertain position. Prepone your ticket and leave before 30 days are over. And save all record of your timely departure.

[pailhead]

Thank you for the answer, i understand that you mean well and i appreciate the advice but, i'm already in too deep and i will have to take my chances. It's not only one ticket that i have to change, and it would definitely be more than a few hundred dollars. My tourist visit here was probably a one time thing, i ntent to stay the next time i come here, and that probably wont happen in another couple of years. The only thing that i worry about is being able to participate in the work and travel program next year, but i might not be able to that because of school anyway... And, i have already been here whole summer long after my visa had expired, waiting for the extension answer. Right now im out of status, so the way i see it, i'm already going to be suspicious, would a week more or less really help me?


If i do not get a bar, but if i overstay my i94, or visa or whatever, will i be able to apply for an h1 visa, or anything with the intent to stay afterwards?

[PraetorianXI]

Seem to me you already made up your mind. But in USCIS world, timing is everything... if they said leave in 30 days and you don't you will have a HARDER time to prove your willingness to "play by the rules".

That alone, will put your future in Immigration/Visas in jeopardy.

But it is your choice.

[smohanty]

would a week more or less really help me?

A few days in this case can have grave consequences?

You keep asking the same question and hoping for us to reassure you that you can stay a few days beyond the 30 day limit without any consequences.

Well, most of the advisors here would be unwilling to give you that kind of reassurance.

Please remember that these rules sound vague and so can be interpreted in any way possible by the Visa Officer or Immigration Officer you will be dealing with the next time. It is their job to be cautious and prevent people from entering the country who have a history of breaking rules. And these officers usually tend to be harsher than necessary and prefer to err on the side of caution.

So we urge the questioners on this forum to also err on the side of caution and leave at least a few weeks before the last date mentioned on the I-94.

And yes, as you rightly put it applying for an extension on a tourist visa is a gamble and should be avoided as far as possible. Unless a person never plans to return to the US ever again (on any kind of visa) they should be very careful applying for an extension.

So yes, even if you leave the country today you still stand a strong chance of being rejected next year when you apply for a J-1 because the VO will see you as some one who has established a pattern of staying back in the US illegally and so is capable of doing so again.

[pailhead]

That is the answer that i was looking for. My chances of coming back are slim even now, before the 30 day deadline, and would have been as slim even if i left on the same day when i received the answer. Since it seems to me that i won't be coming back to the states any time soon, if ever, i might as well save myself a few hundred dollars, and leave with my scheduled flight...