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  #1 (permalink)  
Old 05-14-2009, 02:13 PM
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Default Visitor visa extension denied

Hi,

My parents came to US in June 2007 on visitor visa and in Nov 07 we applied for extension.
Their I-94 expired on Dec 07 and they overstayed for about 2.5 months while waiting for approval/denial.
Their extension was denied in Jan 08 and they left US 3 weeks after receiving the letter.
They have 10 year multiple entry visa.

1) Is their visa still valid for entry into the US or is it void due to overstay while waiting for approval?
2) How can we confirm the status?
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Old 05-14-2009, 05:11 PM
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Under section 222(g) of the INA, any overstay voids the visa and your parents would have to apply for new visitor visas before returning to the US.

However, if the extension denial accorded them a period of time in which to leave the US, and they left within that period, one could argue that their stay was "authorized" and that the visas are still valid.
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Old 05-14-2009, 05:35 PM
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extension for my in-laws was rejected last year and they overstayed for about 3 months waiting for approval..they left in July right after getting the denial letter...
They came back to US in December with out any issues..they did not go for another stamping..
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Old 05-14-2009, 05:56 PM
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Thanks. I appreciate your response. Do you know of any case where visitors were denied entry into the US under similar circumstances?
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Old 05-14-2009, 06:03 PM
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I do not personally know of such cases, though I am pretty sure it does happen. If you have a copy of the denial letter, you should review it carefully to see if your parents were given a time period in which to depart. If they weren't, or if they departed later, they should probably apply for new visas before their next visit.
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Old 05-14-2009, 06:06 PM
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Quote:
Originally Posted by aruben@srrlaw.us View Post
Under section 222(g) of the INA, any overstay voids the visa and your parents would have to apply for new visitor visas before returning to the US.

However, if the extension denial accorded them a period of time in which to leave the US, and they left within that period, one could argue that their stay was "authorized" and that the visas are still valid.

Thanks.

I am still concerned though. I have been reading a lot of stuff over the internet and I also found information like:

"The INS, in cooperation with the Department of State ("DOS"), has revised its interpretation of "remain in the United States beyond the period of stay authorized by the Attorney General" for unlawful presence and the automatic voidance of nonimmigrant visas under section 222(g). The INS will now consider as a period of stay authorized by the Attorney General the entire period during which a timely filed and nonfrivolous extension or change of status application has been pending with the Service, provided the alien has not engaged in any unauthorized employment. This authorized period of stay will continue until the date the INS issues a decision approving or denying the application."

The URL is given below.
http://library.findlaw.com/2000/Mar/21/127115.html

Any suggestions or comments?
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Old 05-14-2009, 06:13 PM
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Yes, the information you cited is correct. Under current policy, your parents "over stay" would have occurred only after the date of the denial.
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Old 05-14-2009, 06:25 PM
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Just help me once more.
Their extension was denied on Jan 30, 08 and they were asked to leave within 30 days, which they did. They left on Feb 20.

Am I right in considering that they did not violate any rules/conditions and had an authorized stay and thus their visa is still valid?
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Old 05-14-2009, 06:59 PM
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I think there is a good argument that under these circumstances their visas are still valid. Unfortunately, because USCIS has provided no clear guidance, there is no guarantee that your parents would not have any difficulty using their current visas on their next visit.
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Old 05-14-2009, 07:15 PM
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Thanks a lot.
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