Nomad

Hi All,

My friend applied for B-2 extension and just received the denial letter. Is
there a "grace" period in practice?

He also came across code section 222g which implies that his multiple entry
visa might already be invalid because he has technically overstayed.

Can anybody verify if an existing multiple entry visa is revoked because of
an extension denial? Has anybody successfully used their multiple entry B
visa after a previous denial?

This is causing him significant grief and we would appreciate any help.

Thanks.

Jonathan McNeil Wong

Nomad wrote:
    > Hi All,
    >
    > My friend applied for B-2 extension and just received the denial letter. Is
    > there a "grace" period in practice?
    >
    > He also came across code section 222g which implies that his multiple entry
    > visa might already be invalid because he has technically overstayed.
    >
    > Can anybody verify if an existing multiple entry visa is revoked because of
    > an extension denial? Has anybody successfully used their multiple entry B
    > visa after a previous denial?
    >
    > This is causing him significant grief and we would appreciate any help.
    >
    > Thanks.
    >

An overstay automatically invokes the anti foreign-shopping rules,
including the prohibition on third country consular applications and
automatic cancellation of the visa.

Technically, the extension denial and removal proceedings are now
handled by two different agencies: CIS handles the extension
application, and ICE handles the removals.

Your friend should make plans to depart the U.S. with all due dispatch.
There is no "grace period"; he is an overstay now. If he needs more
time to depart and has a very good reason (example: his doctor has
ordered him not to fly), he can apply at his local office for voluntary
departure, which is a discretionary form of relief that permits
additional time to depart. But unless the reason is very good, he
won't get it, and he should pack his bags and go.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

Nomad

Thank for your response Mr. Wong.

While the DOJ can do whatever they want, this policy sounds unreasonable and
totally unexpected.

Anyway, if he tries to use his multiple entry visa again in the future, will
the port authorities know that it is already void?


On 1/26/05 8:22 PM, in article
[email protected] et, "Jonathan McNeil Wong"
<[email protected]> wrote:

    > Nomad wrote:
    >> Hi All,
    >>
    >> My friend applied for B-2 extension and just received the denial letter. Is
    >> there a "grace" period in practice?
    >>
    >> He also came across code section 222g which implies that his multiple entry
    >> visa might already be invalid because he has technically overstayed.
    >>
    >> Can anybody verify if an existing multiple entry visa is revoked because of
    >> an extension denial? Has anybody successfully used their multiple entry B
    >> visa after a previous denial?
    >>
    >> This is causing him significant grief and we would appreciate any help.
    >>
    >> Thanks.
    >>
    >
    > An overstay automatically invokes the anti foreign-shopping rules,
    > including the prohibition on third country consular applications and
    > automatic cancellation of the visa.
    >
    > Technically, the extension denial and removal proceedings are now
    > handled by two different agencies: CIS handles the extension
    > application, and ICE handles the removals.
    >
    > Your friend should make plans to depart the U.S. with all due dispatch.
    > There is no "grace period"; he is an overstay now. If he needs more
    > time to depart and has a very good reason (example: his doctor has
    > ordered him not to fly), he can apply at his local office for voluntary
    > departure, which is a discretionary form of relief that permits
    > additional time to depart. But unless the reason is very good, he
    > won't get it, and he should pack his bags and go.

crg

Hi,

When did he receive the denial notice? How long has he been in the U.S?

I've heard that there are some guidelines that allow someone to leave ASAP after a denial, and still keep the visa intact, but can't find anything in the law that says how long, so I'm not sure if it even exists. Your friend should seek a new visitors visa prior to attempting to reenter the U.S. to be on the safe side.

Applying to enter with a cancelled, revoked, voided, or nonexistant visa can subject him to an expedited removal order with a 5 year bar. If he claims that he didn't overstay, and is caught then he may get a lifetime ban for fraud. This wouldn't even require a judge. It could happen right at the border.

I don't think it's too unreasonable, but then again, I've never taken a 6 month or one year vacation before.

If your friend can really afford to spend so much time in the U.S. without working then getting a new visa shouldn't be that difficult.

The DOJ isn't involved anymore. CIS, ICE, and CBP are all under DHS.

Good luck.

Bob

It's not really, the visa is only an extended holiday visa at the end of the day, and late's face it, who normally would have a holiday that's going to be longer than 6 months? Extentions aren't normally given anyway.
But, if he had new evidence, then could appeal and submit that, that's what I did, didn't get my extention, but did give me plenty more time to sort myself out while it was pending, thus keeping me in legal status at the time.

Jozef

"Bob" <member27413@british_expats.com> wrote in message
news:[email protected] m...
    > But, if he had new evidence, then could appeal and submit that, that's
    > what I did, didn't get my extention, but did give me plenty more time
    > to sort myself out while it was pending, thus keeping me in legal
    > status at the time.

The denial of an extension cannot be appealed.
If there is new evidence he could consider filing a Motion to Reopen.
However, filing a MTR does not stop the illegal presence clock.
If, and only if the extension is eventually approved will authorized stay
retroactively be extended from the moment the original I-539 was filed, and
that for the duration requested in the application.

Jozef
(Not a lawyer - ymmv)

Jonathan McNeil Wong

Jozef wrote:
    > "Bob" <member27413@british_expats.com> wrote in message
    > news:[email protected] m...
    >
    >>But, if he had new evidence, then could appeal and submit that, that's
    >>what I did, didn't get my extention, but did give me plenty more time
    >>to sort myself out while it was pending, thus keeping me in legal
    >>status at the time.
    >
    >
    > The denial of an extension cannot be appealed.
    > If there is new evidence he could consider filing a Motion to Reopen.
    > However, filing a MTR does not stop the illegal presence clock.
    > If, and only if the extension is eventually approved will authorized stay
    > retroactively be extended from the moment the original I-539 was filed, and
    > that for the duration requested in the application.
    >
    > Jozef
    > (Not a lawyer - ymmv)
    >
    >
    >
    >
    >

Well, I am a lawyer and I agree with Jozef.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

Nomad

Hi,

He is leaving a week after receiving the denial notice. He also consulted
two separate lawyers before filing for the extension and they separately
said that his multiple entry visa won't get affected, so either they don't
know what they're talking about or they might have some experience that 222g
isn't being enforced.

Now, for some reason everybody he asks says that his visa will be void.

I guess he'll just have to apply for another visa.

Thanks.


    >
    > Hi,
    >
    > When did he receive the denial notice? How long has he been in the U.S?
    >
    > I've heard that there are some guidelines that allow someone to leave
    > ASAP after a denial, and still keep the visa intact, but can't find
    > anything in the law that says how long, so I'm not sure if it even
    > exists. Your friend should seek a new visitors visa prior to attempting
    > to reenter the U.S. to be on the safe side.
    >
    > Applying to enter with a cancelled, revoked, voided, or nonexistant visa
    > can subject him to an expedited removal order with a 5 year bar. If he
    > claims that he didn't overstay, and is caught then he may get a lifetime
    > ban for fraud. This wouldn't even require a judge. It could happen
    > right at the border.
    >
    > I don't think it's too unreasonable, but then again, I've never taken a
    > 6 month or one year vacation before.
    >
    > If your friend can really afford to spend so much time in the U.S.
    > without working then getting a new visa shouldn't be that difficult.
    >
    > The DOJ isn't involved anymore. CIS, ICE, and CBP are all under DHS.
    >
    > Good luck.