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  • Visitor visa extension pending.

    Hi,

    My parents have a 10-year visitor visa and they arrived here in June 2011. This is the 4th time they are visiting and have never extended their visa earlier. We had to apply for an extension for them this time on Aug 15th to extend visa until April 2012. The decision is pending and we are not sure whether we can receive a decision before Dec 22nd when their I-94 expires. I am aware that if they continue staying and their extension gets denied, their visa is void. With that said, I have a few questions in this regard.

    1) To avoid the risk, my parents are thinking of leaving on Dec 20th while their extension is pending. Does it effect their visa if the extension were to be denied (meaning does visa get void) even though they left the country within their original allocated I-94 time?

    2) We are both citizens and can apply for their GC - if my parents take the risk and continue to stay and their 539 gets denied, can I apply for their GC later - does the denial have an effect on their GC ?

    3) Does it help if they go out of country to either Canada / Europe and come back after a week while the extension is under processing because that will help get a new I-94 ?

    Any other options that you have experienced / or have heard of would help. Please respond.

    Regards,
    Sonu

  • #2
    1. If they leave the U.S. before their original I-94 expires and before the decision on their extension is made, visa will not be void.

    2. You should apply for their GC (and also I-485) before the extension decision is made so that there is no unauthorized stay incurred.

    3. Not Canada but Europe.
    Also read https://www.immihelp.com/frequent-vi...visitors-visa/
    Immihelp Support
    No legal advice. Use at your own risk.

    Visa and Greencard Tracker

    Visitor Medical Insurance for your visiting relatives.

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