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martnael84@gmail.

B1/B2 visa validation after I539 Denied

By martnael84@gmail. in Tourist Visas

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martnael84@gmail. Newbie

martnael84@gmail.   0

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Hello,

 

I requested I539(to extend my overstay) on March 2020 due covid. Left from US a few days after my I-94 ended. I got a denial answer on September.  On the way out border controll(Transfer flights) said me that i have problems with my visa(i did not understand was that because my case was still open or not). In my mind, everything was according to laws. So no i need to travel again to US. In some forums, I can get an answer it's safe to travel again to US some it's not safe that visa is void.

 

I have tried to speak with the embassy, BPC, and homeland security and none of them can't say if my B1 Visa is void or not.

 

Where can I check if my travel is safe or is the only way to get information about that to travel the US? :) 

Edited by martnael84@gmail.
Crazy Cat Grand Master

Crazy Cat   42,033

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
20 minutes ago, martnael84@gmail. said:

Hello,

 

I requested I539(to extend my overstay) on March 2020 due covid. Left from US a few days after my I-94 ended. I got a denial answer on September.  On the way out border controll(Transfer flights) said me that i have problems with my visa(i did not understand was that because my case was still open or not). In my mind, everything was according to laws. So no i need to travel again to US. In some forums, I can get an answer it's safe to travel again to US some it's not safe that visa is void.

 

I have tried to speak with the embassy, BPC, and homeland security and none of them can't say if my B1 Visa is void or not.

 

Where can I check if my travel is safe or is the only way to get information about that to travel the US? :) 

My understanding is that a denial voids your B2....even if the I-94 has not expired.  

 

How to Extend Your Stay or Change Your Status While on a B Visa | Nolo

image.thumb.png.198932f205ba75c7972a410e8d3c6e56.png

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Mike E Grand Master

Mike E   11,742

Posted
Filed: Citizen (apr) Country: Myanmar
 Timeline
Posted

I-539 is perhaps the most useless petition I’ve seen.
 

Pretty much anyone who can get into the USA can get into Mexico. The remedy is to walk into Mexico and depart from there.   

Mike E Grand Master

Mike E   11,742

Posted
Filed: Citizen (apr) Country: Myanmar
 Timeline
Posted
24 minutes ago, Family said:

Filing the I-539 was worthwhile and good money spent. Just file for another visitor visa

With lead times numbering over 12 months at some consulates, I think not. 

SalishSea Grand Master

SalishSea   18,072

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
15 hours ago, martnael84@gmail. said:

Hello,

 

I requested I539(to extend my overstay) on March 2020 due covid. Left from US a few days after my I-94 ended. I got a denial answer on September.  On the way out border controll(Transfer flights) said me that i have problems with my visa(i did not understand was that because my case was still open or not). In my mind, everything was according to laws. So no i need to travel again to US. In some forums, I can get an answer it's safe to travel again to US some it's not safe that visa is void.

 

I have tried to speak with the embassy, BPC, and homeland security and none of them can't say if my B1 Visa is void or not.

 

Where can I check if my travel is safe or is the only way to get information about that to travel the US? :) 

That visa is gone.  You will need to start a new application for a B visa, which will now be more challenging than the last visa, since you have an overstay.

Mike E Grand Master

Mike E   11,742

Posted
Filed: Citizen (apr) Country: Myanmar
 Timeline
Posted
1 hour ago, martnael84@gmail. said:

Thank you for the quick answers.

 

But if my visa is void. Then can I apply for ESTA? And Travel with ESTA ?

 

You can try to apply.  I think your over stayi means no ESTA. 

Crazy Cat Grand Master

Crazy Cat   42,033

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
2 hours ago, martnael84@gmail. said:

Thank you for the quick answers.

 

But if my visa is void. Then can I apply for ESTA? And Travel with ESTA ?

 

I don't think you can qualify for ESTA ever again.  But, you can apply. 

"

"Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?"

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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