B1 extension of stay

[SusieQQQ 11,587]

I realize that is how you interpreted the situation. I can’t say whether an interviewing officer might accept your misunderstanding as a valid reason. They usually don’t, to be frank, maybe you’ll get someone on a good day.

[Kai G. Llewellyn 838]

Yeeeeah, this is where the US Extension of stay process really sucks. You're in authorized stay while your application is pending but that immediately turns to unlawful presence if that application is denied. I doubt USCIS would have granted you a second extension anyways, so regardless your time from November would've been unlawful presence on the balance of probabilities.

 

And yeah, you've gotta file extensions to cover the time you anticipate being in the country, so a pre-November filing would have been wise. That being said, you incur no inadmissibility so long as you depart prior to 180 days of unlawful presence. However, you'll have a higher burden to prove when you apply for a new B1/B2 visa that you won't overstay in the future. Consular Officers use 'reasonable person' determination based on the evidence presented to determine overstay risk when granting/denying visa applications. I would suggest you demonstrate very strong ties to your home country next time you apply for your visa. You should be thinking, hard documentary evidence of ties such as job, family, property in your home country.

 

You should depart as soon as possible to avoid incurring a 3 year bar having gained more than 180 days unlawful presence. Covid's been a thing for awhile and most countries have methods of returning, or you can go to any other country with lawful status, so the whole Covid excuse will only go so far with Consular Officers.

Edited March 19, 2021 by CanadaDude

[BostonB1 1]

7 minutes ago, CanadaDude said:

Yeeeeah, this is where the US Extension of stay process really sucks. You're in authorized stay while your application is pending but that immediately turns to unlawful presence if that application is denied. I doubt USCIS would have granted you a second extension anyways, so regardless your time from November would've been unlawful presence on the balance of probabilities.

 

And yeah, you've gotta file extensions to cover the time you anticipate being in the country, so a pre-November filing would have been wise. That being said, you incur no inadmissibility so long as you depart prior to 180 days of unlawful presence. However, you'll have a higher burden to prove when you apply for a new B1/B2 visa that you won't overstay in the future. Consular Officers use 'reasonable person' determination based on the evidence presented to determine overstay risk when granting/denying visa applications. I would suggest you demonstrate very strong ties to your home country next time you apply for your visa. You should be thinking, hard documentary evidence of ties such as job, family, property in your home country.

 

You should depart as soon as possible to avoid incurring a 3 year bar having gained more than 180 days unlawful presence. Covid's been a thing for awhile and most countries have methods of returning, or you can go to any other country with lawful status, so the whole Covid excuse will only go so far with Consular Officers.

I am planning on leaving within this week. I am in the mid way of doing my USMLEs having passed two and preparing for the third and feel pretty bummed about this whole situation as my future is at stake. I am still grateful my extension was approved atleast till November and I am still within 180 day time frame. Let’s see what happens

[retheem 568]

1 hour ago, BostonB1 said:

I am planning on leaving within this week. I am in the mid way of doing my USMLEs having passed two and preparing for the third and feel pretty bummed about this whole situation as my future is at stake. I am still grateful my extension was approved atleast till November and I am still within 180 day time frame. Let’s see what happens

Just know once you leave, chances of getting a B1/B2 in future have greatly reduced

[jan22 3,064]

What date did you put in Part 3, Question 1 (date you were requesting your status be extended to)?  Bottom line, that is the latest date you justified staying until to USCIS. You also had to provide the reasons your extended stay would be temporary, including your arrangements to depart.    Unless you filed a second extension request prior to the date you requested on your first extension request, you were telling USCIS (and any future visa officer) that you would definitely be departing the US by that date -- which you didn't, resulting in an +/- 4 month overstay after spending a full year in the US.  That is the background any future applications/adjudications will most likely be evaluated against.

Edited March 19, 2021 by jan22

[SalishSea 18,125]

13 hours ago, retheem said:

Just know once you leave, chances of getting a B1/B2 in future have greatly reduced

He has no option but to leave.  He is out of status and has no way to adjust.

[SusieQQQ 11,587]

22 minutes ago, Jorgedig said:

He has no option but to leave.  He is out of status and has no way to adjust.

Yeah that was an odd thing to say, like there was any alternative 

 

dude clearly plans to return to the US at some point given he (?) us writing USMLE so the only appropriate response is to minimize unlawful stay as much as possible. I still think getting another B visa is going to be much harder than he realizes, even without a ban. Maybe a work visa won’t be as much of a problem assuming there is a work offer at some point.

 

 

Edited March 19, 2021 by SusieQQQ

[Boiler 46,059]

I take the view that applying for an extension has no real issues as long as you have no plans to return any time soon.

 

Here we have added an overstay to the equation.

 

Not sure I would go with the I thought I could stay as long as I wanted approach personally, does impact your credibility.