Tourist visa extension question

[Sebas&Lily 3]

Our cousin has been in the US for a few months on the Tourist Visa and she wants to spend the Holidays with us and especially with my wife (they have always been very close cousins since little) since she is new to the states (my wife) and she doesn't have anyone here (friends or family).

We applied for our cousin's visa extension with form I-539 in August, we received the notice that it is in process but her visa and I94 expire on September 15th. I am afraid the USCIS will not get back to us on time and we don't know what to do...does she leave the country as planned on Sep 15th when her visa expires? Or does she wait for an answer and overstay her visa? I am afraid overstaying a visa for any reason is grounds for never being able to come back here again but what if they approve her visa extension and she leaves?

It is "suggested" she files for extension 45 days before her visa expires but if USCIS takes the usual 2 months to process, then why misled people with the 45 days thing? Wouldn't that make everyone that files 45 days prior to visa expiration overstay their visa? I'm confused

[Harpa Timsah 13,258]

Quoted from the link below:

"If we receive your application before your status expires, and if you have not violated the terms of your status and meet the basic

eligibility requirements, you may continue your previously approved

activities in the United States (including previously authorized work) for a maximum period of 240 days, or until the first of the following occurs:

•

We make a decision on your application; or

•

The reason for your requested extension has been

accomplished.

If your application for extension is denied after your previously approved stay has expired and you are still in the United States, you will be considered “out of status” as of the date your original period of stay expired. You must cease employment (if such employment was authorized) and depart the United States immediately. In addition, any nonimmigrant visa in your passport granted in connection with your classification becomes void. Once your visa is void, you must submit any new visa application at a U.S. consulate in your home country (not a third country, except in rare instances as determined by the U.S. Department of State)."

http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Resources-3rd%20level/How%20Do%20I%20Guides/C1en.pdf

Edited September 3, 2010 by Harpa Timsah

[Sebas&Lily 3]

Aha I see, thank you, so is she has not violated the terms of her status...that means what? if she hasn't done anything illegal? I think I am taking each word way too literally So basically if we filed before her visa expires, she can wait for 240 days right?

[Boiler 45,153]

Getting an extension, well you normally need a good reason.

Having said that I have seen cases approved that I thought had no chance, so its a bit of a ####### shoot.

The chances are it will be declined, which nullifies the visa and means she has to get another IF she wants to visit the US again.

If she does not, nothing to loose. She will be in status until they decide.

[HappyRs 8]

Our cousin has been in the US for a few months on the Tourist Visa and she wants to spend the Holidays with us and especially with my wife (they have always been very close cousins since little) since she is new to the states (my wife) and she doesn't have anyone here (friends or family).

We applied for our cousin's visa extension with form I-539 in August, we received the notice that it is in process but her visa and I94 expire on September 15th. I am afraid the USCIS will not get back to us on time and we don't know what to do...does she leave the country as planned on Sep 15th when her visa expires? Or does she wait for an answer and overstay her visa? I am afraid overstaying a visa for any reason is grounds for never being able to come back here again but what if they approve her visa extension and she leaves?

It is "suggested" she files for extension 45 days before her visa expires but if USCIS takes the usual 2 months to process, then why misled people with the 45 days thing? Wouldn't that make everyone that files 45 days prior to visa expiration overstay their visa? I'm confused

Did you get any written letter from USCIS stating that they got your application for extension and they are reviewing it (a sort of NOA maybe?)? I'm thinking you may need a proof or something, in case they misplace the application... . The cousin would be able to show that piece of paper in case she's accused of overstaying... Hope you'll give us good news soon .

[chillab 0]

you should contact uscis with the case number they've assigned (on I-767C) when they've received your application and keep checking the on-line status. When we've applied for B2 extension in spring 2009 (for my husband) - 45 days before the B2 expired and we've received a RFE 2 weeks later. We have submitted additional supporting documents and B2 extension was approved. Approval notice of B2 status extension came like only few (3-5) days before the B2 expired.

[Harsh_77 716]

Extending toursit visa is never a good idea, unless you have really good reason.

But she can stay legally in the country until the decission by USCIS is made either ways yes / no.

[jimandjosil 0]

Extending toursit visa is never a good idea, unless you have really good reason.

But she can stay legally in the country until the decission by USCIS is made either ways yes / no.

So the tourist can buy time while waiting for the approval or disapproval?? Even if her B2 expires for as long as she is waiting for the decision then it is still considered legal stay? Does the decision usually come after 45 days?

[Boiler 45,153]

It used to be 4 or 5 months, do not know the current best guess.

[Harsh_77 716]

So the tourist can buy time while waiting for the approval or disapproval?? Even if her B2 expires for as long as she is waiting for the decision then it is still considered legal stay? Does the decision usually come after 45 days?

Thats true as long as you have the receipt from USCIS that you have requested for the extension, you are ok living beyond your time on I-94. If it is approved, thats well and good, if it is declined then I believe you have to leave ASAP.

Even if your extension is approved, next time you return back officer of POE is going to give you hard time for overstaying the visa. So you better have some damm good excuse, just general I wanted to spend more time etc is not going to fly by.

[Boiler 45,153]

I do not believe they give you any time to leave, so effectively your visa is voided.

[Harsh_77 716]

Boiler - ummm if they refuse your extension they would have to give you couple days for one to get the tickets and things in place so they can leave.

As far I know they do have like a week or so, but I could be wrong on this.

[Sebas&Lily 3]

Well we did receive a NOA paper from USCIS stating they received the I539 and it is in process. I am also checking for any updates online. I don't think she wants to stay now (even though we applied for extension) because her husband is really against her overstaying so I might not need this thread afterall

[mathranik 2]

Let me give you some good news - My parents are here on visitor visa, and their I-94 was to expire on the 1st of September. They applied for their extension of stay on the 5th August, for which they got an NOA on the 10th August. We panicked on the 24th of August, because we didn't get a decision by then. An infopass was made, and we were told the following details:

--> Until a decision is made on the extension, they can stay for upto 240 days since the extension is filed.

--> If the extension is denied, they will have 30 days to leave the country.

--> Their visa would not be null and void even if they have lived beyond their I-94 and their extension is denied!

Well, luckily, on the 26th of August, their approval of extension was received.

If you have any more queries, please let me know!

[Dakine10 5,452]

--> Their visa would not be null and void even if they have lived beyond their I-94 and their extension is denied!

The caveat is that they may cancel it anyway. There was a post about a year ago where somone was told this at the infopass only to find out at a subsequent entry attempt that the visa was in fact canceled. It would probably be prudent for anyone in this situation to make sure the visa is still valid before they book their next trip.