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B1/b2 Visa Extension

Discussion in 'General nonimmigrant visa issues' started by naren.g, Mar 3, 2015.

  1. naren.g

    naren.g Junior Member

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    My parents are in USA on B1/B2 visa with a valid I-94 till May'2015 and planning to apply for extension of stay, I have below questions...

    • If we apply for extension of stay (I-539) in March'2015 and they leave USA as per plan (May'2015-per I-94) before approval, does it affect their future trips in port of entry as they have 10 year multiple entry B1/B2 visa?
    • If we apply for extension of stay (I-539) in March'2015 and they got rejected extension of stay (after May'2015) and leave USA immediately after rejection, will they need to go to visa again before their next trip to USA though they have 10 year multiple entry B1/B2 visa which is valid till Sep'2024?

    Thanks inadvance!!
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    In the first instance, if they depart before a decision (and before the date requested), their status will be lawful at all times through departure.

    In the second, they will be in unlawful presence from the date of the denial and will have to apply for new visas before coming back.
     
  3. naren.g

    naren.g Junior Member

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    Thanks Ron!!

    Lastly...
    • If we apply for extension of stay (I-539) in March'2015 and they leave USA sometime in July'2015 before getting approval (i.e., extension of stay is still in pending as sometimes it is taking more than 3 months for decision), does it affect their future trips in port of entry as they have 10 year multiple entry B1/B2 visa? In this scenario their I-94 validity is till mid of May'2015.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, if they leave before the earlier of (a) the date requested; or (b) the date the application is denied, their stay will be considered lawful - even if the USCIS denies the application the day after they leave.
     
  5. naren.g

    naren.g Junior Member

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    In this (a) the date requested means is that original I-94 expiration date which is issued in port of entry?

    So, leaving USA after I-94 expiration date and before I-539 decision is still lawful? And need not go for visa again before their future entry to United States?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes.
     
  7. naren.g

    naren.g Junior Member

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    Thanks a lot Ron for your prompt response!!
     
  8. naren.g

    naren.g Junior Member

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    If we apply for extension of stay (I-539) and got denied before the actual I-94 date (i.e., May'2015 based on port of entry), still they need to leave the United States immediately or can stay till the I-94 validity?
    Also, do they need to attend for visa interview again as extension of stay was denied before their next trip even they have valid B1/B2 visa for next 6 years?

    Thanks in advance!!
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    They may stay until the I-94 expires. If they leave before the extension is denied (or the I-94 expires, whichever is later), they won't have a problem.
     
  10. naren.g

    naren.g Junior Member

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    My concern is if they leave after extension is denied and before the I-94 expiration, will they need to go for B1/B2 visa interview again before their next trip even though they have 6 years of valid visa?
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, if they leave before their I-94s expire, no matter what else happens, they will not be in unlawful status and will not need to get new visas.
     
  12. naren.g

    naren.g Junior Member

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    Thanks a lot Ron!!
     
  13. naren.g

    naren.g Junior Member

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    If my parents extended their stay beyond I-94 validity based on pending I-539 and left USA before the decision (approve or deny), is it safe to travel via Europe (London) as their flight back to home country has connecting in London (Heathrow Airport). Pls advise.

    Fyi, they have a valid B1/B2 visa till Sep'2024.

    Thanks in advance!!
     
  14. DELPHINE

    DELPHINE New Member

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    I HAVE A B1/B2 VISA, I PASSED I94 EXPIRATION DATE, I539 IS STILL PENDING, IF I LEAVE BEFORE THE ANSWER WHEN CAN I COME BACK?

    My situation is :
    I m French
    I have a B1/B2 visa 10 years, 6 months/year
    I applied for extension in May
    My I94 expired in July
    I still have no answer on the visa extension and it looks like i won't have an answer before 2 months
    If i leave the country before I receive the answer can I come back to the US on my B1/B2 Visa? When?
     

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