Will this be considered illegal?
Feb 20th 2003, 7:20 pm
#1
Guest
Posts: n/a
Will this be considered illegal?
My parents are currently in the USA on a 6 month visitor visa.
I have applied for an extension for 3 more months, but I'm
afraid we may not get to know whether the extension is approved
or rejected until after the initial 6 months is over.
I assume that if my parents continue to stay beyond the 6 months
and the visa gets APPROVED in the 7th month (say), all is OK.
If the visa comes back REJECTED in the 7th month (say) and they
leave the USA right away, will this stay of 1 month be considered
illegal? What implications will it have on future travel to the US?
The passports will have no stamps of this extension approval/rejection.
-Kaushik Pal
I have applied for an extension for 3 more months, but I'm
afraid we may not get to know whether the extension is approved
or rejected until after the initial 6 months is over.
I assume that if my parents continue to stay beyond the 6 months
and the visa gets APPROVED in the 7th month (say), all is OK.
If the visa comes back REJECTED in the 7th month (say) and they
leave the USA right away, will this stay of 1 month be considered
illegal? What implications will it have on future travel to the US?
The passports will have no stamps of this extension approval/rejection.
-Kaushik Pal
Feb 20th 2003, 7:40 pm
#2
Guest
Posts: n/a
Re: Will this be considered illegal?
Kaushik Pal wrote:
>
> My parents are currently in the USA on a 6 month visitor visa.
> I have applied for an extension for 3 more months, but I'm
> afraid we may not get to know whether the extension is approved
> or rejected until after the initial 6 months is over.
>
> I assume that if my parents continue to stay beyond the 6 months
> and the visa gets APPROVED in the 7th month (say), all is OK.
>
> If the visa comes back REJECTED in the 7th month (say) and they
> leave the USA right away, will this stay of 1 month be considered
> illegal? What implications will it have on future travel to the US?
> The passports will have no stamps of this extension approval/rejection.
> -Kaushik Pal
1) You should have applied and kept a copy of the I-539 and got a
certificate of mailing with a return receipt requested.
2) I hope you didn't send in the I-94s, and only sent photocopies ?
3) They may remain in the US until either the date that you requested
they stay until (i.e. the 3 months more), or until they receive a
refusal, whichever comes first. Some processing of extension requests
can take 6 months to a year, so don't worry.
4) When they leave, they may be checked on since they've overstayed, and
especially if they sent in their I-94. They should indicate what
happened. When they leave, they MUST keep their boarding pass stubs and
their passenger itineraries for their departing flight, so that if they
ever try to come again, they have proof of when they left.
>
> My parents are currently in the USA on a 6 month visitor visa.
> I have applied for an extension for 3 more months, but I'm
> afraid we may not get to know whether the extension is approved
> or rejected until after the initial 6 months is over.
>
> I assume that if my parents continue to stay beyond the 6 months
> and the visa gets APPROVED in the 7th month (say), all is OK.
>
> If the visa comes back REJECTED in the 7th month (say) and they
> leave the USA right away, will this stay of 1 month be considered
> illegal? What implications will it have on future travel to the US?
> The passports will have no stamps of this extension approval/rejection.
> -Kaushik Pal
1) You should have applied and kept a copy of the I-539 and got a
certificate of mailing with a return receipt requested.
2) I hope you didn't send in the I-94s, and only sent photocopies ?
3) They may remain in the US until either the date that you requested
they stay until (i.e. the 3 months more), or until they receive a
refusal, whichever comes first. Some processing of extension requests
can take 6 months to a year, so don't worry.
4) When they leave, they may be checked on since they've overstayed, and
especially if they sent in their I-94. They should indicate what
happened. When they leave, they MUST keep their boarding pass stubs and
their passenger itineraries for their departing flight, so that if they
ever try to come again, they have proof of when they left.
Feb 21st 2003, 2:38 pm
#3
Guest
Posts: n/a
Re: Will this be considered illegal?
> 1) You should have applied and kept a copy of the I-539 and got a
> certificate of mailing with a return receipt requested.
>
We have the receipt from INS which says that they've received the
application and the processing time for this is about 125 days.
> 2) I hope you didn't send in the I-94s, and only sent photocopies ?
>
One HAS to send in the original I-94s. I've kept photocopies.
I'll be bringing the form I-539 which says that the originals MUST be
submitted to show the guys at the airport.
> 3) They may remain in the US until either the date that you requested
> they stay until (i.e. the 3 months more), or until they receive a
> refusal, whichever comes first. Some processing of extension requests
> can take 6 months to a year, so don't worry.
>
That's my guess too, but I'm not sure if they'll be harrassed the
next time they come because of this overstay (in case of a rejection
in the extension this time).
-Kaushik Pal
> certificate of mailing with a return receipt requested.
>
We have the receipt from INS which says that they've received the
application and the processing time for this is about 125 days.
> 2) I hope you didn't send in the I-94s, and only sent photocopies ?
>
One HAS to send in the original I-94s. I've kept photocopies.
I'll be bringing the form I-539 which says that the originals MUST be
submitted to show the guys at the airport.
> 3) They may remain in the US until either the date that you requested
> they stay until (i.e. the 3 months more), or until they receive a
> refusal, whichever comes first. Some processing of extension requests
> can take 6 months to a year, so don't worry.
>
That's my guess too, but I'm not sure if they'll be harrassed the
next time they come because of this overstay (in case of a rejection
in the extension this time).
-Kaushik Pal
Feb 21st 2003, 3:07 pm
#4
Guest
Posts: n/a
Re: Will this be considered illegal?
Kaushik Pal wrote:
>
> > 1) You should have applied and kept a copy of the I-539 and got a
> > certificate of mailing with a return receipt requested.
> >
> We have the receipt from INS which says that they've received the
> application and the processing time for this is about 125 days.
Good.
> > 2) I hope you didn't send in the I-94s, and only sent photocopies ?
> >
> One HAS to send in the original I-94s. I've kept photocopies.
> I'll be bringing the form I-539 which says that the originals MUST be
> submitted to show the guys at the airport.
INS documentation is too inconsistent for words. The fact that you have
photocopies and the I-797 receipt will be just fine.
> > 3) They may remain in the US until either the date that you requested
> > they stay until (i.e. the 3 months more), or until they receive a
> > refusal, whichever comes first. Some processing of extension requests
> > can take 6 months to a year, so don't worry.
> >
> That's my guess too, but I'm not sure if they'll be harrassed the
> next time they come because of this overstay (in case of a rejection
> in the extension this time).
> -Kaushik Pal
Keep the documentation ... the I-797 (take a photocopy to be sure) and
another photocopy of the I-94 (even if a photocopy of a photocopy!) and
absolutely do not throw away the passenger boarding passes from their
flights home and any other documentation that shows categorically that
they returned home.
As long as they don't come back to the US too soon (i.e. probably less
than 1-2 years) they shouldn't have a problem. A short period will
raise questions, not because of the technical overstay, but because of
the long stay already.
The technical overstay after a refusal of an extension is normally
forgiven providing they depart in a timely manner (i.e. whenever they
said they would in the request if a rejection doesn't arrive before, or
as soon as possible after a rejection if it arrives before their
departure ... and on that we are talking a matter of days.)
Stuart
>
> > 1) You should have applied and kept a copy of the I-539 and got a
> > certificate of mailing with a return receipt requested.
> >
> We have the receipt from INS which says that they've received the
> application and the processing time for this is about 125 days.
Good.
> > 2) I hope you didn't send in the I-94s, and only sent photocopies ?
> >
> One HAS to send in the original I-94s. I've kept photocopies.
> I'll be bringing the form I-539 which says that the originals MUST be
> submitted to show the guys at the airport.
INS documentation is too inconsistent for words. The fact that you have
photocopies and the I-797 receipt will be just fine.
> > 3) They may remain in the US until either the date that you requested
> > they stay until (i.e. the 3 months more), or until they receive a
> > refusal, whichever comes first. Some processing of extension requests
> > can take 6 months to a year, so don't worry.
> >
> That's my guess too, but I'm not sure if they'll be harrassed the
> next time they come because of this overstay (in case of a rejection
> in the extension this time).
> -Kaushik Pal
Keep the documentation ... the I-797 (take a photocopy to be sure) and
another photocopy of the I-94 (even if a photocopy of a photocopy!) and
absolutely do not throw away the passenger boarding passes from their
flights home and any other documentation that shows categorically that
they returned home.
As long as they don't come back to the US too soon (i.e. probably less
than 1-2 years) they shouldn't have a problem. A short period will
raise questions, not because of the technical overstay, but because of
the long stay already.
The technical overstay after a refusal of an extension is normally
forgiven providing they depart in a timely manner (i.e. whenever they
said they would in the request if a rejection doesn't arrive before, or
as soon as possible after a rejection if it arrives before their
departure ... and on that we are talking a matter of days.)
Stuart
