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We got the reply for our I 539 application yesterday in mail and the application was not approved. The date on the letter is Feb 6th 2004.
It said the below..
You must make immediate arrangements to depart the United States. You have begun accruing unlawful presence towards the three- and tn-year bars to admission under section 212(a)(9)(B)(i) as of the date of denial. If you depart the United States before you accrue 181 days of unlawful presence, you will not be subject to the three- or ten-year bars to admission as a result of this denial should you apply for a visa or for admission to the United States as a later date.
A denial of an I-539 application may not be appealed, but an applicant may file a motion to reopen or reconsider under 8 CFR 103.5. A motion to reopen or reconsider an application denied must be filed in writing and signed by the affected part or the attorney or representative of the record and accompanied with a fee of $110 within 30 days of the decision. A motion to reopen or reconsider must state the new facts to be proved or reconsidered and must be supported with affidavits or other documentary evidence and any pertinent precedent decisions.
The date of denial was feb 6th.
My parents are leaving feb 22nd.
So looks like they have gathered unlawful presence for 15-16 days.
Q1. So is it true that their current 10 year visa is no longer valid.
Q2. Should I prepare the required documents and file a motion to grant them a extension atleast until they departed so that they did not stay an of the days unlawfully.
Immihelp Please advice soon..
It said the below..
You must make immediate arrangements to depart the United States. You have begun accruing unlawful presence towards the three- and tn-year bars to admission under section 212(a)(9)(B)(i) as of the date of denial. If you depart the United States before you accrue 181 days of unlawful presence, you will not be subject to the three- or ten-year bars to admission as a result of this denial should you apply for a visa or for admission to the United States as a later date.
A denial of an I-539 application may not be appealed, but an applicant may file a motion to reopen or reconsider under 8 CFR 103.5. A motion to reopen or reconsider an application denied must be filed in writing and signed by the affected part or the attorney or representative of the record and accompanied with a fee of $110 within 30 days of the decision. A motion to reopen or reconsider must state the new facts to be proved or reconsidered and must be supported with affidavits or other documentary evidence and any pertinent precedent decisions.
The date of denial was feb 6th.
My parents are leaving feb 22nd.
So looks like they have gathered unlawful presence for 15-16 days.
Q1. So is it true that their current 10 year visa is no longer valid.
Q2. Should I prepare the required documents and file a motion to grant them a extension atleast until they departed so that they did not stay an of the days unlawfully.
Immihelp Please advice soon..
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