Visitor's Visa Extension - Please Help
Jan 13th 2003, 10:49 pm
#1
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Thread Starter
Joined: Jan 2003
Location: US
Posts: 53
Visitor's Visa Extension - Please Help
Hello All:
My mother has a 10 year multiple entry visa to the US. She came to the US again in Dec 02. It's her third visit. At that time, unlike the previous two occasions, she was given a 3 month stamp at the airport by the INS. I'm thinking of getting her visa extended but have a few questions as follows:
1) What if her extension is not granted by the INS? Does it have any effect on her 10 year visa?
2) Whether it makes sense to hire a lawyer for this?
3) Approximately how many days it takes for the INS to get back to us in such a case?
Thanks for all your help.
Kash100
My mother has a 10 year multiple entry visa to the US. She came to the US again in Dec 02. It's her third visit. At that time, unlike the previous two occasions, she was given a 3 month stamp at the airport by the INS. I'm thinking of getting her visa extended but have a few questions as follows:
1) What if her extension is not granted by the INS? Does it have any effect on her 10 year visa?
2) Whether it makes sense to hire a lawyer for this?
3) Approximately how many days it takes for the INS to get back to us in such a case?
Thanks for all your help.
Kash100
Jan 14th 2003, 8:06 am
#2
Guest
Posts: n/a
Re: Visitor's Visa Extension - Please Help
On Mon, 13 Jan 2003 23:49:25 +0000, Kash100 wrote:
>
> Hello All:
>
> My mother has a 10 year multiple entry visa to the US. She came to the
> US again in Dec 02. It's her third visit. At that time, unlike the
> previous two occasions, she was given a 3 month stamp at the airport by
> the INS.
What was she given on the previous occasions? Six months? One month? On
her latest I-94, is there an annotation "No EOS/COS/AOS"?
> I'm thinking of getting her visa extended but have a few
> questions as follows:
You can't get the visa extended, but you can get her status extended. The
visa is her 10-year visa stamp in the passport. The status is the
three-month status on the white I-94 card.
> 1) What if her extension is not granted by the INS? Does it have any
> effect on her 10 year visa?
Not usually. While the extension application is pending, she would be
considered in valid status (but only until the requested extension would
expire). If she did overstay (either after a denial, or after the
requested extension is over), then her ten-year visa would be cancelled.
> 2) Whether it makes sense to hire a lawyer for this?
Usually not. There are a few things to be aware of: come up with a good
convincing reason for the extension. Make sure that whatever reason you
have for the extension is compatible with her status (probably tourist),
so for instance "she needs to take care of my newborn" would be a big
no-no. Also make sure that you convince INS that she will leave the
country.
You will need to include some documentation (described in the instructions
for the I-539 form). DO NOT include any originals, only copies of
everything. INS does not return originals.
And of course, be sure to keep a copy of anything and everything you send
to INS. If there ever is a question about whether or not she overstayed,
she will need this documentation to prove that she was legal.
> 3) Approximately how many days it takes for the INS to get back to us in
> such a case?
I don't recall the current processing times, but don't be surprised if it
takes a year or two. It's also possible that they sped up processing, and
it now takes just a few weeks.
Remember, it's enough to just file the extension on time; so don't worry
if you don't hear back from INS before her original stay expires.
>
> Hello All:
>
> My mother has a 10 year multiple entry visa to the US. She came to the
> US again in Dec 02. It's her third visit. At that time, unlike the
> previous two occasions, she was given a 3 month stamp at the airport by
> the INS.
What was she given on the previous occasions? Six months? One month? On
her latest I-94, is there an annotation "No EOS/COS/AOS"?
> I'm thinking of getting her visa extended but have a few
> questions as follows:
You can't get the visa extended, but you can get her status extended. The
visa is her 10-year visa stamp in the passport. The status is the
three-month status on the white I-94 card.
> 1) What if her extension is not granted by the INS? Does it have any
> effect on her 10 year visa?
Not usually. While the extension application is pending, she would be
considered in valid status (but only until the requested extension would
expire). If she did overstay (either after a denial, or after the
requested extension is over), then her ten-year visa would be cancelled.
> 2) Whether it makes sense to hire a lawyer for this?
Usually not. There are a few things to be aware of: come up with a good
convincing reason for the extension. Make sure that whatever reason you
have for the extension is compatible with her status (probably tourist),
so for instance "she needs to take care of my newborn" would be a big
no-no. Also make sure that you convince INS that she will leave the
country.
You will need to include some documentation (described in the instructions
for the I-539 form). DO NOT include any originals, only copies of
everything. INS does not return originals.
And of course, be sure to keep a copy of anything and everything you send
to INS. If there ever is a question about whether or not she overstayed,
she will need this documentation to prove that she was legal.
> 3) Approximately how many days it takes for the INS to get back to us in
> such a case?
I don't recall the current processing times, but don't be surprised if it
takes a year or two. It's also possible that they sped up processing, and
it now takes just a few weeks.
Remember, it's enough to just file the extension on time; so don't worry
if you don't hear back from INS before her original stay expires.
