Urgent I-539 Visa Extension Questions

[Randy & Nana]

All,

 

I need help with a question about the i-539 visa extension process, please.

 

I filed i-539 visa extension for our Chinese parents through the USCIS ELIS system on Dec4, 2012. USCIS responded on Dec 5th with receipt. Now it has been over 45 days with no response. Our parents I-94 expires Feb8th. If they stay in America after Feb8th, waiting for a response from USCIS, will they be in jeapardy of being granted a visa in the future? I dont have much time to book tickets back to China.

 

I appreciate your help!

 

Randy

[Randy W]

All,

 

I need help with a question about the i-539 visa extension process, please.

 

I filed i-539 visa extension for our Chinese parents through the USCIS ELIS system on Dec4, 2012. USCIS responded on Dec 5th with receipt. Now it has been over 45 days with no response. Our parents I-94 expires Feb8th. If they stay in America after Feb8th, waiting for a response from USCIS, will they be in jeapardy of being granted a visa in the future? I dont have much time to book tickets back to China.

 

I appreciate your help!

 

Randy

 

 

While it's possible to run into an overstay situation there, you're fine for at least 120 days.

 

http://shusterman.com/unlawfulpresenceeoscos.html

 

If an alien has timely filed a nonfrivolous application for E/S or C/S, the first 120 days of unlawful presence are not counted towards the 3 year bar under section 212(a)(9)(B)(i) of the Act.

[dnoblett]

Could also schedule an infopass appointment at your field office and ask about status.

http://infopass.uscis.gov/

[david_dawei]

Did you get a notice of receipt? If yes, I would read it carefully. I think ours clearly stated that as long as there is no response (or until there is a response), then our requested date is deemed acceptable. And you should be able to contact USCIS as well.

[xiaonu]

I am running into the same situation. My parents I-94 will expire in the middle of November. I have applied B2 extension for them and USCIS received it on the September 23. I called USCIS last week. They said it usually takes 2.5 months to process the case. Probably the result will come out in early December. I am not sure what we should do now. I would like to have them attend graduation on December 22, 2013.

 

 

(1) If they stay and wait for B2 extension result, if not approved, they have to leave. Their current B2 visa still valid till march, 2014. Can they reenter USA again using same visa? Or their visa will be void because of denial of B2 extension?

 

(2) If they leave the country, can they reenter USA again while B2 extension is pending?

 

Thank you very much.

[Randy W]

I am running into the same situation. My parents I-94 will expire in the middle of November. I have applied B2 extension for them and USCIS received it on the September 23. I called USCIS last week. They said it usually takes 2.5 months to process the case. Probably the result will come out in early December. I am not sure what we should do now. I would like to have them attend graduation on December 22, 2013.

 

 

(1) If they stay and wait for B2 extension result, if not approved, they have to leave. Their current B2 visa still valid till march, 2014. Can they reenter USA again using same visa? Or their visa will be void because of denial of B2 extension?

 

(2) If they leave the country, can they reenter USA again while B2 extension is pending?

 

Thank you very much.

 

Approval or denial will be of the I-539 extension - and will not affect their visa. You may wait until the decision is received.

 

I would assume it is approved, unless (and until) you hear otherwise. There is no reason for them to leave and re-enter before they receive the notification.

 

But yes, their B-2 will still be valid until the original expiration date in March, as long as they still have another entry left on it.

[Randy W]

Some lawyer answers

 

http://www.avvo.com/legal-answers/i-applied-my-dad-b-2-visa-extension-45-days-before-1145874.html

 

I applied my dad b-2 visa extension 45 days before I-94 expires. now I-94 will expire in 10 days, can he stay while waiting?

[xiaonu]

Randy,

 

Thank you very much for the information.

 

I am very gald to know their curren B2 visa will still be valid even if I-539 is not approved. I was informed wrongly that their visa will be void because of denial of I-539.

 

If so, as you said, "there is no reason for them to leave and re-enter before they receive the notification".

 

It will save us a lot of time and energy.

 

Thanks again.

[dnoblett]

Randy,

 

Thank you very much for the information.

 

I am very gald to know their curren B2 visa will still be valid even if I-539 is not approved. I was informed wrongly that their visa will be void because of denial of I-539.

 

If so, as you said, "there is no reason for them to leave and re-enter before they receive the notification".

 

It will save us a lot of time and energy.

 

Thanks again.

Correct, leaving while the I-539 is pending, can result is a blocked re-entry. Typically the I-94 is set for 6 months, and leaving and returning does not reset the allotted stay, so if the I-94 had expired, more than likely they would deny entry.

[xiaonu]

 

Correct, leaving while the I-539 is pending, can result is a blocked re-entry. Typically the I-94 is set for 6 months, and leaving and returning does not reset the allotted stay, so if the I-94 had expired, more than likely they would deny entry.

 

 

 

If choose to leave, my parents will leave before I-94 expiration date. Are you saying that even if they leave before I-94 expiration, they could be blocked re-entry while i-539 is pending?

 

These days I and my hushand have made several phonecalls to USCIS and CPB. It seems no one can give a clear answer. The last thing I did was sending a question to CBP. Do not know there will be a reply or not.

 

I just wish I should have filed I-539 earlier, three months before I-94 expiration date.

 

Thank you very much.

Edited November 1, 2013 by xiaonu (see edit history)

[dnoblett]

No, they could leave before I-94 expire and return, they probably would set allowed stay on the I-94 to the same expiration date that was set on prior I-94, or the remaining length of time that wan on the prior I-94.

 

One note, from what I understand, can overstay the I-94 waiting out the extension, and will have to leave if denied, the overstay should not count.

 

Over stay less than 6 months should not affect future visits, however an overstay 6 months or longer would result in a 3 or 10 year bar on future visits.

 

More than likely could overstay at least until the event December 22 without any issues.