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Apply in a way that the application reaches before the expiry of I-94.
If you apply like mentioned above, applicant can stay till the decision is made (whether extension approved or not). If the application is denied, applicant has to leave US immediately so that illegal stay is not occurred. Keep all the application docs, FedEx-UPS receipts , USCIS pkg received receipts etc for your sister, which will be helpful during application of new VISA whenever she needs to reapply, to prove that she did not stay illegally in the US. There are chances that she might get RFE after the application of extension of stay, even though the RFE is received after her last day on I-94, it is okay to stay till the final decision is made by USCIS. HTH GCCovet
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You sister can stay as long as the case is pending, but not beyond the date that you requested for an extension on the forms. The processing time for these cases is so long that you often get an approval after the validity period is over. For example if you have asked for an extension of 4 months you have to leave before that period, even if you dont get a decision, as it might take 6 months for them to process your case. Just make sure someone sends you the decision and you have all the paperwork with you the next time you travel.
To file an extension you have to send out a form I-539 with supporting documents. Instructions will be available with the form and the form can be printed from the USCIS.gov website. |
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immiusa (09-16-2010)
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Hello,
Dont apply it too soon as it might have a counter effect and might result in your application getting rejected. INS might conclude that you have made plans too early to stay beyond 6 months and that was your intention from day 1. We applied 30 days before expiry of original I-94 date. Also ask them to carry the acknowledgement with them when they return, if they did not receive the yes/no answer from INS. Also it's better to carry this documentation with them during future visits to US.
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Thanks Colemancol for the advice.
Has anyone applied for an extension for their parent/in-law for a similar reason (religous ceremony) or anything similar and what was the experience with application and response from USCIS? Kerz, An RFE is a Request for Further Evidence which is a query/question for you to provide more information/documents to help prove the validity of the request. This RFE can be sent if they need more info/docs after they initially review your application. |
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Hello gurus,
What is the good reason to be specified for visitor visa extension? I understand that USCIS may reject extension application if the reason is not good. Appreciate any helpful responses
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