Visitor Visa extension

[matta]

Hi,

We are planning to apply for my mothers visa extension in April. Her I-94 is until end of may.

She is visiting US third time. She stayed for 6 months when she came previously. This is the third time now. After staying for 6 months i.e. until may end, we are planning to apply for another 6 months visa extension. She has a 10 yr Multple entry visa now.

What are the chances of her extension being approved? Will her 10 yr multiple entry visa get cancelled if the extension gets rejected?

Thanks for the help in advance.

Regards
KK

[txh1b]

Will her 10 yr multiple entry visa get cancelled if the extension gets rejected?

Yes

[larzen24]

Why is it thatit will be cancelled? What if she goes home before her I-94 expires?

[SNS007]

I am not an immigration expert but wrt B2 Visa extension I am frankly irritated with some of the replies I am seeing from the more experienced....

Trying to extend a visitor visa is an option and there was threat of the existing multiple entry visa getting cancelled as per the 222(g) 1999 rule.

As of March 2000 222(g) rule this has been changed....till a decision has been made (approved or denied) that period of stay is valid...if denied the person is given 30 days to leave.After that if you want to come using your existing VISA,POE will have some questions and you need to be armed with details that you left before the 30 days....If you stayed beyod the 30 days you are in trouble....otherwise

your VISA is NOT void as being stated repeatedly around here!!

Try to google for 222(g) for info regd this!!

[txh1b]

http://www.uscis.gov/files/article/C1eng.pdf

If your application for extension is denied after your previously
approved stay has expired and you are still in the United States, you
will be considered “out of status” as of the date your original period
of stay expired. You must cease employment (if such employment
was authorized) and depart the United States immediately. In
addition, any nonimmigrant visa in your passport granted in
connection with your classification becomes void. Once your visa is
void, you must submit any new visa application at a U.S. consulate
in your home country (not a third country, except in rare instances
as determined by the U.S. Department of State).

[SNS007]

Good info on that link....but I think that is a very generic message.....and affects folks who are considered 'Out of Status'....

as per the following May 2000 222(g) addendum....I think there is some hope to people whose extentions are denied.....It seems like something the POE officer has to decide....

Department of State Cable on Unlawful Presence
for Extension of Stay or Change of Status Applicants

May 30, 2000



The US Department of State has advised its consular posts of the Immigration & Naturalization Service position that unlawful presence does not accrue during the pendency of change of status or extension of status applications, provided certain conditions are met.



UNCLAS STATE 102274


VISAS - INFORM CONSULS


E.O. 12958: N/A
TAGS: CVIS
SUBJECT: INA 212(A)(9)(B) AND APPLICATIONS
TO CHANGE NIV STATUS OR EXTEND NIV STAY


REF: A) 98 STATE 60539 B) 99 STATE 105097
C) 98 STATE 136516


1. SUMMARY. INS HAS ISSUED REVISED GUIDANCE ON THE
APPLICABILITY OF 212(A)(9)(B) ("9B TO ALIENS WHO HAVE
APPLIED FOR A CHANGE OF NIV STATUS (COS) OR EXTENSION OF
NIV STAY (EOS) AND WHO REMAIN IN THE U.S. AFTER EXPIRATION
OF THEIR I-94 WHILE AWAITING A DECISION ON THEIR
APPLICATION. SUCH ALIENS WILL NOT ACCRUE ANY UNLAWFUL
PRESENCE DURING THE PENDENCY OF THE COS/EOS APPLICATION, AS
LONG AS THE APPLICATION WAS TIMELY FILED AND NONFRIVOLOUS
AND THE ALIEN DID NOT TAKE UP UNAUTHORIZED EMPLOYMENT PRIOR
TO OR DURING THE PENDENCY OF THE APPLICATION. ALIENS WHO
MEET THESE CRITERIA ARE CONSIDERED TO BE IN A PERIOD OF
AUTHORIZED STAY DURING THE ENTIRE PERIOD THAT THE COS/EOS
APPLICATION IS PENDING, AND THEREFORE THEY WOULD NOT BE
SUBJECT TO EITHER INA 212(A)(9)(B) OR 222(G). (NOTE:
THESE NEW RULES APPLY ONLY TO CHANGES OF NIV STATUS AND
EXTENSIONS OF NIV STAY. FOR CASES INVOLVING ADJUSTMENTS OF
STATUS TO PERMANENT RESIDENCE, PLEASE REFER TO THE SEPARATE
ALDAC ON THAT SUBJECT, WHICH IS BEING SENT OUT
SIMULTANEOUSLY WITH THIS ONE.) END SUMMARY

----------------------------------------
TOLLING PROVISION OF INA 212(A)(9)(B)(IV)
----------------------------------------

2. ALIENS WHO APPLY FOR A CHANGE OF STATUS (COS) OR
EXTENSION OF STAY (EOS) OFTEN DO NOT RECEIVE A DECISION
FROM INS UNTIL AFTER THEIR INITIAL PERIOD OF STAY HAS
ALREADY EXPIRED. AS SUCH, THEY RISK ACCRUING UNLAWFUL
PRESENCE AND THEREBY FALLING WITHIN THE INELIGIBILITY
PROVISIONS OF INA 212(A)(9)(B).


3. RECOGNIZING THIS FACT, CONGRESS ENACTED INA SECTION
212(A)(9)(B)(IV). AS EXPLAINED IN REF A (PARA 26), THIS
PROVISION "TOLLS" (SUSPENDS) THE ACCRUAL OF UNLAWFUL
PRESENCE FOR UP TO 120 DAYS FOR CERTAIN ALIENS WITH PENDING
COS OR EOS APPLICATIONS, PROVIDED:
-- THE ALIEN HAD BEEN LAWFULLY ADMITTED (OR PAROLED) INTO
THE U.S.,
-- THE APPLICATION WAS TIMELY FILED AND NONFRIVOLOUS, AND
-- THE ALIEN DID NOT ENGAGE IN UNAUTHORIZED EMPLOYMENT
PRIOR TO OR DURING THE PENDENCY OF THE APPLICATION.

-------------------------------------
NEW INTERPRETATION OF AUTHORIZED STAY
-------------------------------------

4. RECOGNIZING THAT APPLICATIONS TO CHANGE OR EXTEND NIV
STATUS MAY TAKE LONGER THAN 120 DAYS TO ADJUDICATE, INS HAS
DECIDED TO DESIGNATE THE ENTIRE PERIOD OF THE PENDENCY OF
AN APPLICATION TO CHANGE OR EXTEND NIV STATUS AS A "PERIOD
OF STAY AUTHORIZED BY THE ATTORNEY GENERAL," WITHIN THE
MEANING OF BOTH INA 212(A)(9)(B) AND 222(G), BUT ONLY IF
THE CRITERIA SET FORTH IN THE TOLLING PROVISION OF INA
212(A)(9)(B)(IV) HAVE BEEN MET. THUS, AN ALIEN WHO HAS
FILED A COS OR EOS APPLICATION AND WHO HAS REMAINED IN THE
U.S. BEYOND THE DATE ON HIS/HER I-94 WILL ACCRUE NO
UNLAWFUL PRESENCE FOR PURPOSES OF 212(A)(9)(B), AND ALSO
WILL NOT BE SUBJECT TO 222(G), AS LONG AS:
-- THE APPLICATION WAS NONFRIVOLOUS
-- THE APPLICATION WAS TIMELY FILED, AND
-- THE ALIEN DID NOT ENGAGE IN UNAUTHORIZED EMPLOYMENT
PRIOR TO OR DURING THE PENDENCY OF THE COS/EOS APPLICATION.


(5. NOTE: AS A PRACTICAL MATTER, THIS NEW POLICY ONLY
AFFECTS ALIENS WHO WERE ADMITTED UNTIL A SPECIFIC DATE, WHO
DEPARTED THE U.S. AFTER THAT DATE, AND WHOSE COS OR EOS
APPLICATION WAS EITHER DENIED OR STILL PENDING WHEN THE
ALIEN DEPARTED THE U.S. EVEN UNDER PRE-EXISTING
INTERPRETATIONS OF 9B, ALIENS WHOSE COS OR EOS APPLICATIONS
WERE APPROVED DO NOT FACE 9B CONCERNS BECAUSE COS AND EOS
APPROVALS ARE RETROACTIVE TO THE DATE THE PREVIOUS STATUS
EXPIRED AND THEREFORE THE ALIEN ACCRUES NO UNLAWFUL
PRESENCE IN SUCH CASES. THE NEW RULE WOULD ALSO HAVE NO
PRACTICAL EFFECT IF THE COS OR EOS APPLICATION WAS DENIED
OR ABANDONED BUT THE ALIEN HAD BEEN ADMITTED FOR DURATION
OF STATUS (D/S), BECAUSE, AS EXPLAINED IN REF A, SUCH
ALIENS DO NOT BEGIN ACCRUING UNLAWFUL PRESENCE UNLESS AND
UNTIL EITHER INS OR AN IMMIGRATION JUDGE FINDS A STATUS
VIOLATION.)

[immihelp]

txh1b is right on this.

[SNS007]

Thanks Guys for the info..........though it confuses me as to how some of my friends parents came in without any issues after they were denied last year.....

......so I will take this along with the disclaimer you guys have!!

[txh1b]

though it confuses me as to how some of my friends parents came in without any issues after they were denied last year.....
!!

It is a hit or a miss. It depends on the POE officer and their luck if they attempted it.

Watch "Homeland Security-USA" on ABC to see how much discretion a POE officer has in each case for entry of an immigrant. More than what VOs have.