Visitor visa ext denied. I94 still valid. Leave or stay?

[dkann]

Hi,

My mother in law came to visit us last year (June 08) and we applied a visitor visa extension for her in oct 08. Since the approval/denial did not come on time, she left the country in dec '08. She came back to USA after staying a month in India, in Jan '09. Recently (april '09) we recieved a letter from USCIS that the visitor visa extension application has been denied. She has valid I-94 till June '09.

My question is:

1. Should she leave the country immediately?
2. Is her visa automatically expired since the extension is denied?

Thanks
DK

[ashwinkumara]

No, She does not need to leave the country nor does her visa expire. You had applied for extension of the date stamped on the I-94, not her visa. The letter you received denying the extension no longer applies.

I assume she has a 10yr multiple entry visa. Since she exited the country prior to her previous I-94 expiring, the extension application was basically abandoned. When she reentered the country in Jan, she got a fresh I-94 which is current and valid.

This is my opinion and may not be correct. Consult a lawyer if you require legal advice.