Re-entry after Extension

[arken 4,197]

It's still grey area regarding auto revocation of the existing visa.

Per uscis: if the extension is denied and the applicant is still in the US with the expired i94, that person shall leave US immediately and the existing visa will be voided. That person will need to apply for the new visa for future travels.

 

Uscis isn't clear on what happens to the visa when the person leaves US before uscis processes the extension.

Per uscis: If the person files for extension before i94 expiry but leaves US before uscis makes a decision,  bring a copy for your extension application with the receipt notice to show at POE during travel to the US otherwise you may be denied entry for overstaying on the last visit. 
 

I'd assume it's at the POE officer's discretion. However if one has stayed for more that 180 days after i94 expiry then it's a problem for sure.

Edited February 18, 2022 by arken

[Boiler 45,906]

In this case the application was withdrawn 

[JeanneAdil 6,606]

1 hour ago, carmel34 said:

You said they entered in August 2019 and left in August of 2020.  The 3 or 10 year ban depends on:

 

1. date on their I-94 (how long were they admitted to visit the US when they entered in August of 2019)

2. date in August of 2020 when they left the US

 

What were these two dates?

 

They will need to apply for a new B2 visa to visit again after the ban expires.  The current one is no longer valid because they overstayed.

they were not suppose to leave August 2019   / that was the enter date 

so,  we don't know if there stay permit was for 90 days or 6 months 

they it would not have gone a year overstay

[JeanneAdil 6,606]

53 minutes ago, millefleur said:

Yup, you need the I-94 info and date of departure. You mentioned that their visa expires April 2024, that date is irrelevant to this situation. We need to know how long they stayed on their last visit to see if they incurred the ban by overstaying.

 

It sounds like if they entered in April 2019 and didn't actually leave until April 2020, they very likely overstayed and the visa is revoked. That original April 2024 expiry would no longer be relevant.

they came in August 2019

[arken 4,197]

1 hour ago, Boiler said:

In this case the application was withdrawn 

Yes, that was my point to the OP earlier that by withdrawing, he/she may have possibly made the application moot resulting in the entire stay not legal.

[African Zealot 1,455]

Withdrawing the application was a mistake. There was absolutely nothing to gain by withdrawing it. 
 

2 hours ago, arken said:

Uscis isn't clear on what happens to the visa when the person leaves US before uscis processes the extension.

Per uscis: If the person files for extension before i94 expiry but leaves US before uscis makes a decision,  bring a copy for your extension application with the receipt notice to show at POE during travel to the US otherwise you may be denied entry for overstaying on the last visit. 
 

On the contrary it’s quite clear in the document posted below. The visa is only valid if they left before the current i94 expires. So if their i94 expired while they were still in the USA, the visa is automatically voided unless the extension was approved. In their case the extension application was withdrawn meaning they were out of status immediately their i94 expired.

 

Quote

 

What if I file for an extension of stay on time but USCIS doesn’t make a decision before my I–94 expires?

Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires, even if you have timely applied to extend your nonimmigrant status.
 

Generally, as a matter of discretion, USCIS will defer any removal proceedings until after
the petition is adjudicated and USCIS decides your request for extension of nonimmigrant status. Nevertheless, DHS may bring a removal proceeding against you, even if you have an application for extension of status pending.

Even though you are not actually in a lawful nonimmigrant status, you do not accrue “unlawful presence” for purposes of inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act, while your extension of status application is pending if it was filed prior to the expiration of your Form I-94.

If your application for an extension of stay is approved, the approval will relate back to the date your Form I-94 expired, and your status while your application is pending will then be considered to have been lawful.

If your application is denied, you may be required to depart the United States immediately. In addition, any nonimmigrant visa in your passport granted in connection with your classification becomes void. Once your visa is void, you must submit any new visa application at a U.S. consulate in your home country (not a third country, except in rare instances as determined by the U.S. Department of State).

https://www.uscis.gov/sites/default/files/document/guides/C1en.pdf

 

[iwannaplay54 985]

4 hours ago, bigg01 said:

Please find letter attached for reference. Their stay was less than 1 year and I didn't apply for new tourist visa yet.

 

As per letter, I understand that extension application has been terminated as I requested withdrawal. Original visa is still intact. Is my understand not correct?

What are my options, if I want them visit to USA?

If your parents are deemed to have overstayed there is nothing you can do from your side.  The rules say at a minimum, assuming they left <180 days after the I-94 expired their current visa is revoked however they can apply for a new one in their home country.

 

If they overstayed for longer than 180 days they are likely facing a ban.

 

It was a mistake to withdraw the application, even if they returned home.  An approved application would have made their presence legal.

Edited February 18, 2022 by iwannaplay54

[igoyougoduke 1,674]

4 hours ago, arken said:

Yes, that was my point to the OP earlier that by withdrawing, he/she may have possibly made the application moot resulting in the entire stay not legal.

why would OP withdraw ? just let the petition get approved or denied. Now its just a can of worms..

[Mike E 11,742]

14 hours ago, igoyougoduke said:

why would OP withdraw ? 

Cuz immigration laws are complex and opaque and therefore it is easy to make mistakes.  
 

It seems like most questions posted are on the order of “I applied for X, now I don’t want it, how to I withdraw it”, when the better answer most of the time is to leave it alone.  

[bigg01 2]

Update: I applied for visa again, I got drop-box appointment as they had previous visa in same category. USCIS approved visa for 10 years without asking any questions.

 

Thanks to everyone for answering my queries.

[milimelo 4,539]

1 hour ago, bigg01 said:

Update: I applied for visa again, I got drop-box appointment as they had previous visa in same category. USCIS approved visa for 10 years without asking any questions.

 

Thanks to everyone for answering my queries.

Not USCIS - they don’t issue visas. Department of State.