I-539 Issue

[ssokol91 0]

I am helping out a person who came to US last year for treatment. This person is on the 3-year multiple-entry B-2 visa.

I was wondering if someone knows how to handle the following situation:

 

1. Patient came to US in February 2017. B-2 Visa was set to expire in August 2017.

2. Applied for extension in July 2017 due to health reasons.

3. Left U.S. on January 25, 2018. I-539 Application to extend was still pending.

4. April 2018 I-539 application gets approved. Extension was approved until January 24, 2018.

 

The situation here is that this person overstayed on her extension for one day. However, at the time when the person left U.S. in January, the extension expire date was not known, since I-539 was still pending.

Will this person have any trouble entering U.S. this summer due to this discrepancy?

 

Thanks a lot for all your suggestions!

Edited May 9, 2018 by ssokol91

[Going through 5,671]

3 minutes ago, ssokol91 said:

April 2018 I-539 application gets approved. Extension was approved until January 24, 2018.

Are you sure you have these dates right?  I can't see how USCIS would approve the application in APRIL, but state the person had to leave in JANUARY....3 months prior.  That would make no sense.

[Boiler 46,083]

They will need a new visa as the old one is no longer valid.

 

Begs the question how they could get Travel Insurance or Travel with that medical history.

 

[ssokol91 0]

4 hours ago, Going through said:

Are you sure you have these dates right?  I can't see how USCIS would approve the application in APRIL, but state the person had to leave in JANUARY....3 months prior.  That would make no sense.

A lot of things do not make sense at USCIS. 

 

[SusieQQQ 11,587]

5 hours ago, ssokol91 said:

I am helping out a person who came to US last year for treatment. This person is on the 3-year multiple-entry B-2 visa.

I was wondering if someone knows how to handle the following situation:

 

1. Patient came to US in February 2017. B-2 Visa was set to expire in August 2017.

2. Applied for extension in July 2017 due to health reasons.

3. Left U.S. on January 25, 2018. I-539 Application to extend was still pending.

4. April 2018 I-539 application gets approved. Extension was approved until January 24, 2018.

 

The situation here is that this person overstayed on her extension for one day. However, at the time when the person left U.S. in January, the extension expire date was not known, since I-539 was still pending.

Will this person have any trouble entering U.S. this summer due to this discrepancy?

 

Thanks a lot for all your suggestions!

Slightly off topic but curious as to why the person needs to come back again so soon. More treatment? Even without the overstay CBP might decide that she's spent too much time in the US contrary to purposes of B visa and refuse entry.  We have certainly had people here on VJ report being refused entry for a one day overstay even if due to circumstances such as flight cancellation. I don't know how common it is or isn't though. Technically one's visa becomes void after overstay too, so I'd suggest the safest route is for your friend to contact the US embassy in her home country to see if she needs to reapply for a new visa before travelling.  (A 3-year visa, while not the shortest, is still quite short duration suggesting there was already some question mark albeit not enough to deny outright.)

Edited May 9, 2018 by SusieQQQ

[ssokol91 0]

6 minutes ago, SusieQQQ said:

Slightly off topic but curious as to why the person needs to come back again so soon. More treatment? Even without the overstay CBP might decide that she's spent too much time in the US contrary to purposes of B visa and refuse entry.  We have certainly had people here on VJ report being refused entry for a one day overstay even if due to circumstances such as flight cancellation. I don't know how common it is or isn't though. Technically one's visa becomes void after overstay too, so I'd suggest the safest route is for your friend to contact the US embassy in her home country to see if she needs to reapply for a new visa before travelling.  (A 3-year visa, while not the shortest, is still quite short duration suggesting there was already some question mark albeit not enough to deny outright.)

You are absolutely correct, this person is coming back for more treatment at a reputable hospital for 2 more months. This person has a treatment plan scheduling during those 2 months and will leave the country to come back to small children.

[SusieQQQ 11,587]

30 minutes ago, ssokol91 said:

You are absolutely correct, this person is coming back for more treatment at a reputable hospital for 2 more months. This person has a treatment plan scheduling during those 2 months and will leave the country to come back to small children.

The small children can’t be that much of a rationale (from a visa or CBP perspective) if they were already left behind for almost a year. 

Particularly if it’s for treatment I’d definitely suggest contacting the embassy, you don’t want her to pay for  the airfare and plan the treatment etc only to arrive at the airport and be informed that the visa she is trying to enter on is no longer valid.

 

 

[Going through 5,671]

1 hour ago, ssokol91 said:

A lot of things do not make sense at USCIS. 

 

I agree at some times there is a lack of sense....I just wanted to make sure you'd typed the dates correctly in the original post as you're giving information on a friend's behalf, so can sometimes leave room for error in dates.  

 

6 hours ago, ssokol91 said:

Will this person have any trouble entering U.S. this summer due to this discrepancy?

Past extension may work against them, but not impossible to overcome.

[Boiler 46,083]

1 hour ago, ssokol91 said:

You are absolutely correct, this person is coming back for more treatment at a reputable hospital for 2 more months. This person has a treatment plan scheduling during those 2 months and will leave the country to come back to small children.

So she had a B Medical?

 

Basically it will be the same again, not sure why she did not seek an admittance to match her original treatment.

[SusieQQQ 11,587]

Section 222 of the INA

 

g) (1) 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.

 

(2) An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant, except- 

(A) on the basis of a visa (other than the visa described in paragraph (1) issued in a consular office located in the country of the alien's nationality (or, if there is no office in such country, in such other consular office as the Secretary of State shall specify); or

 

(B) where extraordinary circumstances are found by the Secretary of State to exist.

[ssokol91 0]

29 minutes ago, Boiler said:

So she had a B Medical?

 

Basically it will be the same again, not sure why she did not seek an admittance to match her original treatment.

Because something unexpected came up health-wise, and patient was advised to stay an extra 5-6 months. Also, you are only allowed to stay for 6 months on the B, and then have to file for extension or exit the country and re-enter.

[Boiler 46,083]

5 hours ago, ssokol91 said:

Because something unexpected came up health-wise, and patient was advised to stay an extra 5-6 months. Also, you are only allowed to stay for 6 months on the B, and then have to file for extension or exit the country and re-enter.

Sounds like she will be looking at a B2 Medical now, normally the first thing a Travel Insurer wants to do in this situatrion is to repatriate and avoid US costs.