Ingo Pakleppa

On Thu, 17 Jul 2003 09:18:02 +0200, Jay Kay wrote:

    > On Wed, 16 Jul 2003 12:23:44 -0700, Ingo Pakleppa
    > wrote:
    >
    >>On Wed, 16 Jul 2003 15:49:14 +0200, Jay Kay wrote:
    >>> What are the chances of the 30-day limit also be imposed on recent
    >>> holders of 10-year multiple-entry B1/B2 visas?
    >>It seems that BCBP is very inconsistent. Probably some airports use 30
    >>day default, others use 6 months. I remember somebody fairly recently,
    >>maybe four weeks ago, posting a note saying that he still only got 30
    >>days in the first-line inspection even though his return ticket was
    >>later and he told the inspector. Unfortunately, I have no information on
    >>which airports do what. And of course I don't even know if it really
    >>depends on the airport; that, too, is just conjecture.
    >>When you arrive, it would be very nice if you could post which airport
    >>you used, whether you got the full six months or not, and whether you
    >>had to go to secondary inspections (where they always were able to
    >>impose different times; only the first-line inspectors are bound by the
    >>30 day or 6 month policies).
    >>> I ask because I am travelling to the USA next month to investigate a
    >>> few schools on the west coast that I wish to study a MBA at from fall
    >>> 2004 - my proposed trip is for two and a half weeks but I might want
    >>> to stay on longer and visit some extra schools on the east coast and
    >>> do some travelling/sightseeing at the same time.
    >>>
    >>> What do I at the POE - hope for 6 months entry or tell them of my
    >>> intended plans? And if I only get a 3 week entry regardless of whether
    >>> I tell them or not - will it be easy enough to extend my stay?
    >>Extending your stay should be fairly easy. File form I-539 before the
    >>end of the approved stay. Send it certified mail, return receipt
    >>requested, to have proof of filing. Also keep a copy of everything you
    >>send (and do not send any originals. Legacy INS never updated the
    >>instructions for the form, but it is OK to send a photocopy of the I-94
    >>and your passport). You will then continue to be in status until BCIS
    >>gets around to deciding your case.
    >
    > Thanks Ingo,
    >
    > If by chance I do not get the 6-month entry and I have to file for an
    > extension, are the reasons for me wanting to extend my stay good enough
    > for an extension to be granted?

I think so. BCIS actually is even more interested in evidence that you
will return after the purpose is completed.

    > And how long on average does it take to process the extension?

Here is the good news: it can take a year (although I did hear that BCIS
sped up I-539 cases after 9/11. I'm not sure if that is still the case,
though). Why is that good news? As long as the extension is pending, you
are considered to be in status. So as long as you get your application
mailed in, and it isn't outright denied for stupid mistakes such as
forgetting to include the fee or other required documents, in effect you
can remain in the US no matter what.

There are a few other hints:

- be sure to use a mailing address that will be good even after your
departure.

- if you move from one place to another, you may need to file a change of
address form (AR-11). I'm actually not sure how this applies to tourists
or business visitors, but wanted to make you aware of it. Failure to file
such a change of address has been declared a deportable offense after
9/11.

--
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Jonathan McNeil Wong

Ingo Pakleppa wrote:
    >
    > - be sure to use a mailing address that will be good even after your
    > departure.
    >
    > - if you move from one place to another, you may need to file a change of
    > address form (AR-11). I'm actually not sure how this applies to tourists
    > or business visitors, but wanted to make you aware of it. Failure to file
    > such a change of address has been declared a deportable offense after
    > 9/11.

Applies to stays over 30 days, I believe, except for persons subject to
Special Registration, who must file a different form.


--

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

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