B2 Extension denied

[immifive]

My in-laws extension for B2 got denied at California Service Center. Letter says no sufficient reasons for extension or indication of owning property abroad. In our extension request, we had stated incompleted travel plans as reason for extension. Letter does not give the date by which they should leave the country.

[immihelp]

Re: B2 Extension denied

They should leave immediately.

[immifive]

Can we appeal?

Can we appeal the denial decision? If so, how?

Thanks.

[immihelp]

Re: Can we appeal?

You can't.

[immifive]

Re: Can we appeal?

immihelp,

Thanks for the prompt reply. Should we inform USCIS about their date of departure? If yes, how?

[immifive]

Docs to USCIS

Following docs need to be sent to uscis after you exit the country after an extension denial:
--Original denial letter
--Original boarding pass
--copy of biographical page of passport
--copy of entry stamp in new country
--Letter saying that applicant overstayed because he/she was awaiting decision on extension application

Applicant should carry copies of all above documents on his/her next visit to US.

Next, there is a rule that if visitor over stays for more than 3 months, then, he/she is barred from entering US for x years.

Does the 3 month count start from the date of expiring of I-94 OR date of receiving the denial letter?

For example, I-94 expires on Jan 31st 2004. Extension of stay applied on Jan 15th 2004. Denial notice is received on April 20 2004.

[immihelp]

Re: Docs to USCIS

Days are counted from the day of denial letter.

Could you please tell me where did you read about the documents that need to be submitted to USCIS after departure?

[immifive]

I-94 expiry date or denial letter date?

I spoke to an immigration officer over phone and asked him as to how to ensure that whenever the applicant returns, he/she will not have problems. Officer said that they are aware of the problem since there is a huge backlog of extension applications. He was politely telling me not to worry about it.

And then, he went on to say that if applicant stays beyond 3 months, then he/she will be barred from entering US. After keeping down the phone, I started wondering whether the 3months start from expiry of I-94 or receipt of denial letter.

In my applicant's case, it is 2 months 20 days since I-94 has expired but we received denial letter a few days ago. We cannot find an airline ticket available in the next 10-15 days. It will be 3.5 months of I-94 expiry when they actually exit US.

[immihelp]

Re: I-94 expiry date or denial letter date?

I would appreciate if you don't use the username 'immifive' that starts with word 'immi' It might confuse people that 'you' are 'me'.

[Jothi_arun]

b2 visa extension denied

The visa defenitely does not get cancelled, if visa extension is denied.

This applies, even if the person overstays more than in I-94.

My mom came recently after her extension was denied.

No problems

[rojara]

Thanks for the valuable info

Can you give more details ,
if the extension gets denied after how long ur mother has come to US again .

[johnhips]

Can you give more details ,
if the extension gets denied after how long ur mother has come to US again .

Good question! I too wanna know how many months/yrs she waited before coming back again. I plan to bring my mom here again but she was denied the last time and left asap. She has 10 yrs multiple entry visa so the US consulate in our home country doesn't know she overstayed and there's no reason for her to reapply again for a visa.

[gc_guy]

Mom's Visitor stay extension Denied - Pls Reply asap!!

The reason given is that no arrangement for returning to home country has been shown on the application for extension. Second, strong ties to return needed.
Q1. Can i do a motion to reconsider with an actual return tkt this time with a copy of Indian property papers to show ties and hope they will revert the decision?
1b - What forms are needed for a motion to reconsider? Are there sample affidavits on web?
Q2. If they accept, does the Visa (10yr Mult entry) get re-instated - is it rigt that it will be void? Any experiences will be helpful.
Q3. She has 180 days to return without incurring a 3yr or 10yr ban - says the denial letter from TSC. So can she wait it out before leaving until just b4 180 days - Is a 20 day overstay any different from a 170 day overstay and how?

thx for replying to any (preferably all Qs).

Raj

[sumathih]

Coming to US after B2 extension denial

Hi,

I saw your post on this forum about your mom's extension getting denied and she coming in with no problems. I am on the same boat too .

My mom has a 10 year multiple entry visa and came to US in 2003 and in 2004 I applied for her extension. It got denied and I sent a letter to USCIS asking for Motion to Reopen. However, it got denied too. I applied in September and I got the 1st denial letter in 15 days and second one in November. She left the country on February 1st as we had to get the tickets and be prepared. Now she is plannign to come in September 2008. While leaving in Feb 2005, she handed over the original I-94 while checking in.

I sent an email to the US consulate in Chennai about her 10 year visa validity. The officer said there would be no problems, but, at Port of entry she might be questioned and asked to carry sufficient proof of documents about her overstay. What documents are needed?

Should I have to send any letter of invitation for them to bring here? Also, we just became citizens. Would that have any effect on her visa?

Appreciate your time and response in this regard.

Thanks,
Sumathi

[txh1b]

I am not sure who told you the visa is fine. Her visa is void and she has to appear for a new visa based on this.

http://www.uscis.gov/files/article/c1_English.pdf

Read last paragraph on page 2.