Visitor visa cancellation after green card application

[geowrian 22,338]

10 hours ago, arvn2017 said:

Ok, please bear with me while I try to understand.

 

In the past (circa 2005/2006), my mom had B1/B2 with which she had traveled to the United States, and we had filed an extension of stay at that time. It was denied then, and she left after we received the notification that it was denied. She had subsequently traveled on the same B1/B2 quite a few times after that (2007, 2008, 2009, and 2011) with no issues. It's only AFTER the original B1/B2 expired that we applied for her new B1/B2 in 2012.

 

I was under the impression that the extension is only for the I-94, as the visa by itself has a validity till 2022. How was she able to do that in the past then?

 

Please help me understand. 

Filing for an EOS grants authorized stay while the case is processing (so long as it is timely filed and not deemed frivolous). So on the past denial, she left once she got the denial and did not accrue any unlawful presence. I'm kinda shocked they let her in so soon after that, but it is what it is and she was lucky.

 

This time, she has 2 major issues:

1) She did not leave right after the EOS denial. As such, she accrued some unlawful presence. This invalidated her existing visa immediately.

2) She filed for AOS (to become an immigrant). Showing non-immigrant intent on a future tourist visa application is going to be extremely tough.

[Hypnos 6,578]

INA 222(g):

 

"In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay."