Hi zizzu,
- Can I continue staying beyond Oct 7 if I don't hear from USCIS by then?
Yes. As long as USCIS has received your application by your
authorization date (which it has), you will be fine.
When Should I Apply?
"We recommend that you apply to extend your stay at least 45 days
before your authorized stay expires, but the USCIS Service Center must
receive your application by the day your authorized stay expires."
http://www.uscis.gov/graphics/howdoi/extendstay.htm
To give you some idea of how long it will take, you can check on
Processing Times at the following link. Just choose your Service
Center and click Processing Dates.
CIS Processing Dates
https://egov.immigration.gov/cris/jsps/ptimes.jsp?
- If I do stay beyond Oct 7 & the response from USCIS is a negative
one, does it impact my B1/B2 visa? I will obviously leave the country
immediately if the response is negative.
No, as long as the date on the visa is still valid, you may use it.
It is only a means to ask permission at the port of entry to enter the
U.S., it has nothing to do with the length of stay.
Visitor Visas - Business and Pleasure [4 key points]
1. "The "visitor" visa is a nonimmigrant visa for persons desiring to
enter the United States temporarily for business (B-1)..."
2. "Unless previously canceled, a visa is valid until its expiration date..."
3. "Applicants should be aware that a visa does not guarantee entry
into the United States. The visa allows a foreign citizen coming from
abroad, to travel to the United States port-of entry and request
permission to enter the U.S."
4. "Also, the period for which the bearer of a visitor visa is
authorized to remain in the U.S. is determined by a CBP official when
you arrive in the U.S., not the consular officer at the embassy or
consulate. At the port of entry (an international airport, seaport or
land border crossing), a CBP official must determine whether you can
enter and how long you can stay here, on any particular visit. If you
are allowed to enter, the CBP official authorizes the traveler's
admission to the U.S. At that time, Form I-94, Record of
Arrival-Departure, which notes the length of stay permitted, is
validated by the CBP official."
http://travel.state.gov/visa/temp/types/types_1262.html
How Do I Get Another Form I-94 "Arrival/Departure Document" If the
Original Was Submitted With the Application to Extend My Stay?
"If your application for an extension is approved, you will be issued
a replacement I-94 with a new departure date. If your application is
denied, your original I-94 will be returned with a request for your
immediate departure."
How Can I Appeal?
"If your application to extend your stay is denied, you will receive a
letter that will tell you why the application was denied. You will not
be allowed to appeal a negative decision to a higher authority.
However, you may submit a motion to reopen or a motion to reconsider
with the same office that made the unfavorable decision. By filing
these motions, you may ask the office to reexamine or reconsider their
decision. A motion to reopen must state the new facts that are to be
provided in the reopened proceeding and must be accompanied by
affidavits or other documentary evidence. A motion to reconsider must
establish that the decision was based on an incorrect application of
law or USCIS policy, and further establish that the decision was
incorrect based on the evidence in the file at the time the decision
was made. For more information, please see How Do I Appeal the Denial
of Petition or Application?."
http://www.uscis.gov/graphics/howdoi/extendstay.htm
I hope this helps. If you have any questions, please post a
clarification request and wait for me to respond before closing/rating
my answer.
Thank you,
hummer
Search terms used: i-94 uscis i-539 expiration date b1/b2 |
Clarification of Answer by
hummer-ga
on
17 Sep 2006 18:49 PDT
Hi zizzu,
No, as I mentioned, as long as you leave the U.S. in a timely manner
after receiving a denial of an extension, your visa will be safe. The
only time your visa would be at risk is if you stay in the U.S. after
the extension is denied.
"For this issue, simple violation of nonimmigrant status or overstay
does not automatically make them ineligible for nonimmigrant visa or
admission to the U.S. unless their violation in the U.S. constituted
"unauthorized stay" or "unlawful presence." Once the immigration
officials or consular officers determines that they remained in the
U.S. in unlawful presence for 180 days but less than one year, they
will not be able to return to the U.S. or obtain a visa for three
years, and if the unlawful presence lasted for one year or longer,
then they are subject to bar from returning to the U.S. for ten years.
Thus the period of unlawful presence or unauthorized stay results in
very serious consequences."
"For those who filed COS/EOS timely, unlawful presence does not start
to run until such COS/EOS is denied."
http://www.immigration-law.com/Archive%20XII.html
It doesn't really matter how long they take to make their decision,
you can stay until you hear from them, and you can forget about the
August 15th date (really!). That date got erased the moment the
service center received your application and now they will either give
you a new date or deny the extension. If it is denied, just leave as
soon as possible and all will be well.
California: June 7
Nebraska: May 30
Texas: May 2
Vermont: June 4
June 4th isn't unreasonable, Texas is a month behind you.
Just relax and wait for your notice. If you think of me, I'd love to
hear how you make out.
hummer
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