B2 extension and USCIS letter decision came LATE

[Adventine 3,201]

The Philippines has never barred its citizens from re-entry during this pandemic. 

 

People have been flying US-PH and vice versa throughout this pandemic. It's true that many flights have been cancelled, but people manage to travel before their visas expire. 

 

I know personally someone whose flight US-PH was cancelled thrice... But she still left the US before the end of her original authorized stay. 

 

I second the suggestion to keep all evidence of the cancelled flights. Given the info provided, it will be an uphill battle to convince the Embassy to reissue tourist visas. 

[Skyman 327]

6 hours ago, SusieQQQ said:

Do they really refuse Filipino nationals entry?)

That has not happened, however, do to the low numbers of pax, many flights have canceled. Foreigners have also not been refused exit if flights were available. 

When my wife arrived September 1, she told the agent we might stay longer than 6 months. He gave her 6 months and told her if she planned to stay longer than that she needed to apply for extension within 3 months. We applied for AOS. 

 

[SusieQQQ 11,587]

1 hour ago, Skyman said:

That has not happened, however, do to the low numbers of pax, many flights have canceled. Foreigners have also not been refused exit if flights were available. 

 

 

Any restrictions on foreigners traveling to the Philippines are not relevant to these people when they need to argue for a new visa.

If the other posters are correct (and I have no reason to doubt them) that Filipinos have successfully been making it home despite regularly cancelled flights for months now, then they will indeed have an uphill battle at the embassy to get new visas. 

[Downloader 199]

To be honest, this pandemic has been used as an excuse by some people to use a visa as a green card. Not sure if this is the case here but I keep reading people overstaying and using it as an all around excuse to justify overstaying for a huge amount of time. There has been ways for nationals of any country to go back home.....as long as they want to. Just saying. 
At least there are consequences for those that try to play the system. 

Edited February 13, 2021 by Downloader

[John & Rose 7,239]

7 hours ago, Chancy said:

 

That is absolutely not true.  There is no such law.  There have been PH-US flights (non-stop via PAL or with connecting flights) since mid-2020.  There are many reports from VJ members in the Philippine sub-forum about Filipinos successfully returning to the PH from the US during that time.  Here's an example from December --

 

 

Actually their flight to the US was on January 20.  She went to Manila in December and my step son and step daughter both returned to the US on January 20.  I know of others who arrived here as late as February 10.  The only difference is they needed the negative covid test after January 26.

[retheem 568]

16 hours ago, B-ann said:

Hi Good evening,

 

I just want to ask question about my Mother & Sister who came here in the US as a tourist visa last Feb 2020. Before their 6 months stay upon entry will be invalid they file for an extension which is last July 2020. We have been checking everyday after we filed for it and 2 months after they were being mailed a letter for the biometrics appointment. Now after that we have been waiting but it keeps saying online at USCIS website that it is still on process and we never got any mail back after the biometric. This Feb 6, 2021 we got a mail from the USCIS for their extension and it was said on the letter that they got approved for an extension but only until DEC. 10, 2020. 

 

My question is; is my mother & sister considered as an over staying or not. We got confused because on the letter it says only until dec. 10, 2020 but we got the letter and it was being mailed this feb. 6, 2021.

 

 

Thanks

They are still on overstay. If you are a US Citizen you can AOS for your mother. As for your sister, well, it is what it is

 

[Bajinga 136]

ya, they have overstayed and the B-2 visas are void. they could have left without consequences on the visa before the decision was made on the extension.

[pablo2752 106]

It really sucks for your family, but they ARE overstayers. It is really irresponsible of USCIS to send the letter that late, though. 

[SalishSea 17,980]

9 hours ago, retheem said:

They are still on overstay. If you are a US Citizen you can AOS for your mother. As for your sister, well, it is what it is

 

From OP's other thread, she's not.   She herself is trying to adjust from a visitor visa.

[SusieQQQ 11,587]

2 minutes ago, Jorgedig said:

From OP's other thread, she's not.   She herself is trying to adjust from a visitor visa.

Oh boy. That’s not gonna help mom and sister in their future visa applications, when they have to answer the question about family in the US and it gets checked.

[SalishSea 17,980]

Just now, SusieQQQ said:

Oh boy. That’s not gonna help mom and sister in their future visa applications, when they have to answer the question about family in the US and it gets checked.

Exactly.

[Adventine 3,201]

4 minutes ago, Jorgedig said:

From OP's other thread, she's not.   She herself is trying to adjust from a visitor visa.

 

Yes, and she was already given advice way back August 2020 that commercial flights to the PH were available.

 

 

Currently on tourist visa to extend of adjust of status - Tourist Visas - VisaJourney

[B-ann 1]

13 hours ago, Downloader said:

To be honest, this pandemic has been used as an excuse by some people to use a visa as a green card. Not sure if this is the case here but I keep reading people overstaying and using it as an all around excuse to justify overstaying for a huge amount of time. There has been ways for nationals of any country to go back home.....as long as they want to. Just saying. 
At least there are consequences for those that try to play the system. 

No, that is not what my mother and sister’s intention coming here. My family and I got our 10 years tourist visa since 2009 and been even granted for another 10 years. We’ve been in and out in the US without a problem its just this year that they get to stay longer because of the covid because they were lockdowns happening in our country and their plane tickets to the philippines been cancelled 4x and people will believe or not but i am telling the truth and we have proof. 
 

the lawyer that we consulted about this case even said there is nothing wrong yes they are out of status BUT NOT UNLAWFUL unless they will stay longer than 180 days from dec. 10 and no worries my mother and sister is going back home tomorrow for Philippines is already open even foreign can enter so yeah were not making covid as an excuse to stay longer here, for green card or being here illegal. 

[B-ann 1]

1 hour ago, Jorgedig said:

From OP's other thread, she's not.   She herself is trying to adjust from a visitor visa.

And what’s wrong with that? SIR? My case is different from this topic. Yes I am currently filing AOS for myself just like you but I am not really worried ANYMORE because my questions on my case was already being answered by the USCIS for I got approved. And yes I may came here as a tourist but I was been married with my husband for more than 2 years now and we just decided to petition in my part so theres no way I cam to the US as a tourist visa who planned to just get married so I could stay and get green card like what you think I GUESS! 

[SusieQQQ 11,587]

27 minutes ago, B-ann said:

the lawyer that we consulted about this case even said there is nothing wrong yes they are out of status BUT NOT UNLAWFUL unless they will stay longer than 180 days from dec. 10 

You have it slightly wrong. They are accruing unlawful presence. But you need to accrue 180 days of unlawful presence before you incur a ban. What he means is that they don’t get a ban if they leave before 180 days. However, the fact of any overstay/unlawful presence, even one day, means that they need to get new visas.

 

23 minutes ago, B-ann said:

My case is different from this topic.

Yes and no. It’s different, but it’s not unrelated to this topic. The problem is that your mother and sister will need new visas, and we have seen reported here before problems of people getting visas when immediate relatives of theirs in the US have previously overstayed tourist visas/used those to adjust. Add to that the fact that they have spent a year in the US, shows that they have very weak ties to home - that in itself could even be enough to deny them new visas.

 

By the way, we (my family) had a situation last year for a few months where we also had flights we’d been booked on cancelled a few times. We changed airlines and routes where necessary. The bottom line is that if other people were able to get back to the Philippines, this is not going to be a great excuse for your family, especially given the factors above.