B2 Visa Extension - New Date Already Expired When We Received Approval Notice

[Andy&Kitty 6]

My parents-in-law applied for their B2 visa extension in early Feb, we just received approval notice this weekend, but the new expiration date is 8/29 - already expired by more than a month.  Their original visa was valid until 2/29, so they granted a 6-month extension, but the process took 8 months!  The notice is dated 9/29.  We waited for some long and now this.  What are our options?  I plan to call USCIS tomorrow, but I am not sure if they will change the decision.  Any suggestion is appreciated.

[SusieQQQ 11,586]

Did they leave before 8/29?

[gregcrs2 1,778]

1 hour ago, Andy&Kitty said:

My parents-in-law applied for their B2 visa extension in early Feb, we just received approval notice this weekend, but the new expiration date is 8/29 - already expired by more than a month.  Their original visa was valid until 2/29, so they granted a 6-month extension, but the process took 8 months!  The notice is dated 9/29.  We waited for some long and now this.  What are our options?  I plan to call USCIS tomorrow, but I am not sure if they will change the decision.  Any suggestion is appreciated.

So if I understand you correctly:

original entry was valid until February 29 (so I assume the original entry was for 6 months)

they applied for extension in February 

They received a notice dated 9/29 granting a 6 month extension to 8/29

 

The maximum period of extension can be for up to 6 months and maximum time a person can live in US on B2 visa is 1 year, as there is a limit to the number of times you can apply for an extension B2 visa.  Where an extension of B-2 status is granted, it is for 6 months from the time of the prior validity. Given long I-539 extension request processing times, the extension is often approved (or denied) with no additional validity time.

 

So they stayed beyond the maximum allowable time in the US.  Don't understand what you were expecting.  Did you think the extension starts when you receive the extension approval notice?

[SalishSea 17,744]

2 hours ago, Andy&Kitty said:

My parents-in-law applied for their B2 visa extension in early Feb, we just received approval notice this weekend, but the new expiration date is 8/29 - already expired by more than a month.  Their original visa was valid until 2/29, so they granted a 6-month extension, but the process took 8 months!  The notice is dated 9/29.  We waited for some long and now this.  What are our options?  I plan to call USCIS tomorrow, but I am not sure if they will change the decision.  Any suggestion is appreciated.

If they are still here, they have overstayed and their B visas will be revoked.  

 

What was the reason they couldn't travel back to China in the interim?

[SusieQQQ 11,586]

If they left before 8/29 they are fine and just need a copy of the approval notice to show in case they are asked about it on next entry. If they did not leave they have been in overstay since 8/29, and their visas have almost certainly been voided. I assume that was anyway the latest date you would have requested on the application?

[Boiler 45,312]

The longest you could have asked for as an extension was 6 months so should not really be an issue.

[aaron2020 11,651]

Sorry, but your inlaws have overstayed.  Their visas are now void and it's going to be difficult for them to get new visas.

 

The law only allows applicants to extend for 6 months.

It's not unusual for people to get the approval notice after the 6 months.  This happened to my aunt.  She left the US before her six months extension expired and her approval notice arrived after she left.  

[Andy&Kitty 6]

Thanks for all the replies.  No, they did not leave before 8/29 and are still here.  I did not know max extension was 6 months from time of the prior validity, my bad.  We were also hoping for a quicker process - when we submitted our application in early Feb, the estimated time frame was well under 6 months, now it is 8 months.  It also didn't help that there were VERY few flights to China up until June when limited US flights to China were resumed.  Even now it is still hard to book a flight with reasonable price unless you book well ahead.  They also have a 10-year visa which they now worry may be revoked because of the overstay - I guess it is at border control's mercy.  Thanks again.

[SusieQQQ 11,586]

24 minutes ago, Andy&Kitty said:

Thanks for all the replies.  No, they did not leave before 8/29 and are still here.  I did not know max extension was 6 months from time of the prior validity, my bad.  We were also hoping for a quicker process - when we submitted our application in early Feb, the estimated time frame was well under 6 months, now it is 8 months.  It also didn't help that there were VERY few flights to China up until June when limited US flights to China were resumed.  Even now it is still hard to book a flight with reasonable price unless you book well ahead.  They also have a 10-year visa which they now worry may be revoked because of the overstay - I guess it is at border control's mercy.  Thanks again.

Unfortunately, it is almost certain that the visa has already been voided. They will have to apply for a new one the next time they want to come. Please ensure they leave soon, because if they reach 180 days overstay they will incur a 3-year ban on entering the US. 
 

 

Edited October 4, 2020 by SusieQQQ

[SalishSea 17,744]

1 hour ago, Andy&Kitty said:

It also didn't help that there were VERY few flights to China up until June when limited US flights to China were resumed.

They should have left at this point.  Cost of flights to leave the US is not a consideration when it comes to visitors adhering to the terms of their visas.

[Mollie09 1,543]

1 hour ago, Andy&Kitty said:

Thanks for all the replies.  No, they did not leave before 8/29 and are still here.  I did not know max extension was 6 months from time of the prior validity, my bad.  We were also hoping for a quicker process - when we submitted our application in early Feb, the estimated time frame was well under 6 months, now it is 8 months.  It also didn't help that there were VERY few flights to China up until June when limited US flights to China were resumed.  Even now it is still hard to book a flight with reasonable price unless you book well ahead.  They also have a 10-year visa which they now worry may be revoked because of the overstay - I guess it is at border control's mercy.  Thanks again.

An overstay voids their visa, so the visa is gone. They should leave ASAP, it's the only option to maybe be granted another visitor visa in a year or two.

[Mystery 2020 30]

Makes no sense, they wanted an extra 6 months then why did they not leave after those 6 months?

 

Their visa has now been cancelled and they won't be back in the USA any time soon, if ever.

[Duke & Marie 1,389]

I think the key thing out of all of the correct advise given is - make sure they leave before 180 days of 8/29 or they’ll get a 3 year ban..
 

there’s nothing you can do about the overstay now, you really should have checked when submitting the extension how long it’s max extension could be and ensured they left prior to then irrespective of receiving a response or not.. Just don’t make it worse by staying longer, I’d recommend they go home ASAP.. immigration don’t care about cost, they care about compliance 

[Boiler 45,312]

The visa is an ex visa it is no more, they will need to apply for a new one, probably best to leave it until nearer the time they next want to visit, let some decent time pass.

 

They also need to look at tax filing, they will have been here long enough to be tax resident probably, best to discuss with a CPA.

[HRQX 4,145]

4 hours ago, Andy&Kitty said:

They also have a 10-year visa which they now worry may be revoked because of the overstay

The visas are revoked per INA 222(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."