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

[African Zealot 1,454]

21 hours ago, Andy&Kitty said:

  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.

You have zero options. Forget it. If their visas are multiple entries and unexpired, they are automatically voided. They have also started accumulating illegal presence.

 

You took the chance and it did not work out, too bad.

[African Zealot 1,454]

19 hours ago, Jorgedig said:

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

 

 

Wrong. Their B visas will not be revoked. Their B visas are already automatically voided. Past tense not future.

[African Zealot 1,454]

16 hours 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. 

Seriously, what did you expect?

 

16 hours ago, Andy&Kitty said:

hey 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.

No. It is not a question of border controls mercy. It is an issue of law/procedure. The visa are already automatically voided. You can google the meaning.

[aaron2020 11,651]

17 hours 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.

It's not at border control's mercy.  It's automatic.  Overstaying automatically voids their visitor visas.  If they fly to the US, they will not be allowed to enter.  You can google "visitor visa void overstay."

 

[SteveInBostonI130 3,370]

17 hours 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.

Hi,

 

What is done is done.  The important thing is for them to return as soon as possible.  Today or tomorrow.  The earlier the better.

 

Although they will get a 3 year ban if they overstay by 180 days (from Aug 29), they need to leave now to have a chance to get another B2 visa.

 

Right now they can explain that they did not realize their overstay until they received the response from USCIS.  If they wait longer to return, then they willingly overstayed with full knowledge, and the chances of getting another B2 will be nil.