I-539 delays...

[ndjarrett]

Dunno which forum this should go in.

 

But, my wife's parents are here on a visitor VISA which is good thru next April. However, the New York POE only gave them a 6 mth I-94 which expires Nov 10. We filed the paperwork (I-539) Sept 1st to extend their visit expecting not to have any problems like the last time they visited. But, the VSC is only processing I539 from May right now (UGH). Can her parents stay (legally) in the US until we get an answer on the extension? IF my wife chooses to have them stay anyway, would it cause problems later after she gets her citizenship (hopefully soon) and applies to bring her parents here permenantly?

[dnoblett]

Note, the visa's expiration has nothing to do with length of stay allowed which is set by the POE, typically 90 days to 6 months.

 

If you have a NOA1 for the I-539 then status is considered pending approval, I believe any period of overstay will not count if the I-539 is approved.

 

As for overstays:

 

0-6 months will have no affect on future visits, and visas.

6-months to 1 year, WILL cause a 3 year bar on future visits, and visas.

1 Year or longer, WILL cause a 10 year bar of future visits and visas.

 

Overstays add up, overstay 3 months one time, and then 4 months the next time, then will have more than 6 months overstay resulting in a Bar on future visits and visas.