Questions for denied B-2 extension
Jul 24th 2003, 5:03 pm
#1
Guest
Posts: n/a
Questions for denied B-2 extension
My parents come to USA from China to visit my family with B-2 visa on
Aug. 6, 2002. They are granted 6 months stay on their initial I-94
card. I filed an extension for their B-2 visa in Dec. 2002 and was
granted another 3 months stay (valid until May 5, 2003). Due to the
SARS epidemic, I filed a second extension for them on April 25, 2003.
INS(BCIS) received their second extension application on April 28,
2003 and send us receipt on April 29, 2003. Shortly after the SARS is
subsided, on July 2, 2003, my parents left USA via Los Angeles. The
INS decision for their second extension did not come until July 22.
INS actually dennied their extension.
Regarding to the above facts, I have a couple questions:
1) Is my parents stay from May 5, 2003 to July 2, 2003 illegal?
2) Will their extended stay from May 5 2003, to July 2, 2003 affect
their next B-2 visa appliation?
3) Since they already left USA, is there any procedure that I can take
to ask INS to reconsider their second B-2 extension application?
Your suggestions are highly appreciated,
Xiangdong
Aug. 6, 2002. They are granted 6 months stay on their initial I-94
card. I filed an extension for their B-2 visa in Dec. 2002 and was
granted another 3 months stay (valid until May 5, 2003). Due to the
SARS epidemic, I filed a second extension for them on April 25, 2003.
INS(BCIS) received their second extension application on April 28,
2003 and send us receipt on April 29, 2003. Shortly after the SARS is
subsided, on July 2, 2003, my parents left USA via Los Angeles. The
INS decision for their second extension did not come until July 22.
INS actually dennied their extension.
Regarding to the above facts, I have a couple questions:
1) Is my parents stay from May 5, 2003 to July 2, 2003 illegal?
2) Will their extended stay from May 5 2003, to July 2, 2003 affect
their next B-2 visa appliation?
3) Since they already left USA, is there any procedure that I can take
to ask INS to reconsider their second B-2 extension application?
Your suggestions are highly appreciated,
Xiangdong
Jul 25th 2003, 3:45 am
#2
BE Enthusiast
Joined: Jul 2002
Location: Melbourne Fl
Posts: 458
Your parents were here legally until, BCIS issued the letter denying their extention, it appears they left the US before this was issued, so they should not have a problem there.
Was the B2 visa just issued for a single entry, or multiple entry, if it was multiple entry then they will not need another B2 until the current one expires, normally 10 years.
If it was a single entry visa, and they have to apply for a new one for their next visit, it should not present any problems as they left before the extention was denied, however, frequent requests for visa and visits to the US may lead the BCIS to think they have immigrant intent and deny the visa for that reason.
As far as notifying BCIS that they have left the country, that should be taken care of by them handing in their I 94's when they left
I am not a lawyer, all information offered is based on my personal experience and from reading newsgroups only, I believe it is correct, but cannot guarantee it
Was the B2 visa just issued for a single entry, or multiple entry, if it was multiple entry then they will not need another B2 until the current one expires, normally 10 years.
If it was a single entry visa, and they have to apply for a new one for their next visit, it should not present any problems as they left before the extention was denied, however, frequent requests for visa and visits to the US may lead the BCIS to think they have immigrant intent and deny the visa for that reason.
As far as notifying BCIS that they have left the country, that should be taken care of by them handing in their I 94's when they left
I am not a lawyer, all information offered is based on my personal experience and from reading newsgroups only, I believe it is correct, but cannot guarantee it
Last edited by simon bland; Jul 25th 2003 at 3:48 am.
