Sibling here on tourist visa

[kashif01 2]

If your sibling is visiting you and has a deadline by immigration to depart on a certain day and you breah that by taking an extension.

 

Does this affect your future visit visa application or it is treated as anyone who came n went back on their normal exit time??

 

Plz help thanks

[wildbug100420 100]

1 hour ago, kashif01 said:

If your sibling is visiting you and has a deadline by immigration to depart on a certain day and you breah that by taking an extension.

 

Does this affect your future visit visa application or it is treated as anyone who came n went back on their normal exit time??

 

Plz help thanks

On what basis is the extension for? To my knowledge, overstay starts after the I94 expires. If it's more than 180 days past , then reentry bars kick in. Other members may have more knowledge 

[Ontarkie 14,212]

Yes it can affect future visits and visas. Not only to that one person but to other family members also. We have seen other family members be denied a visa thanks to their own family. 

[Yareth 58]

Absolutely yes it will very much affect their future visits or visa applications. Staying longer than permitted is taken extremely seriously and can result in a ban from entering the USA for up to ten years or even permanently. Even staying for one day longer than your visa permits could result in a ban or at least make it very difficult to obtain a new visa. 

Do not overstay.
 

Edited Thursday at 08:54 AM by Yareth

[Boiler 45,439]

When you apply for an extension, you need a reason, what is her reason.

[garebear397 68]

Did they overstay? Or did they get an extension? Those are two very different things. If they received an extension, and were always in status while in the US it shouldn't have much impact on future visa applications. Maybe could impact future tourist visa applications or US entries if it looks like they are trying to abuse their tourist visa (spend too much time in the US). 

 

Now if they overstayed (past their i-94 date without an extension), yes that could impact future visa applications for them and their family. But each case is unique. My wife overstayed on accident by a couple weeks when she was a teenager, and then she received several tourist visas afterwards, and a green card later on. They would always ask about it, but after her explanation there wasn't an issue. But like I said each case is unique and will depend on many different variables. 

[JeanneAdil 6,488]

If a person stays past the I 94 date without knowing if extension is granted,   what happens if then USCIS denies the expension?

 

they have an overstay and problems

 

this has happened as noted in VJ past posts

 

searching past posts MilkySci  talks of what happened to her parents in 2011 when their extension was denied and they overstayed a B1 visa

 

 

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[JKLSemicolon 411]

Extensions frequently 

1 hour ago, JeanneAdil said:

If a person stays past the I 94 date without knowing if extension is granted,   what happens if then USCIS denies the expension?

 

they have an overstay and problems

 

this has happened as noted in VJ past posts

 

 

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In previous threads where people applied for an extension it can take over a year to receive a response in some cases. If that response is a denial (the only such examples I have seen here) then the additional overstay could lead to a bar or many of the other problems already mentioned.

[Boiler 45,439]

We do not know how long would be asked for but yes they are

likely to be gone before a response is received

[Crazy Cat 41,803]

4 hours ago, garebear397 said:

If they received an extension, and were always in status while in the US it shouldn't have much impact on future visa applications.

It's pretty risky. There have been cases where the extension was approved, but the individual was notified after the extension expired.  Since the person overstayed the extension, they ended up with a voided B2 and a ban. 

@Mike E used to say that the I-539 is the most useless form at USCIS.

[kashif01 2]

18 hours ago, wildbug100420 said:

On what basis is the extension for? To my knowledge, overstay starts after the I94 expires. If it's more than 180 days past , then reentry bars kick in. Other members may have more knowledge 

Not an overstay yet. Dec 3 is the last date ...we were thibking of extension as my sibling travels with parents who are on GC and have a language,age,health barrier, both touching 70. They are a big help in the travel process, flight delays, luggage moving, going anywhere while in USA. My parents have a house they help with thr house stuff in this old age, dox appointments n what not. So they being along my parents is a real help which is why we were thinking to extend.

Also my sibling does not plan to over stay or take extension if this goes against the immigration laws.

[powerpuff 6,674]

14 minutes ago, kashif01 said:

Not an overstay yet. Dec 3 is the last date ...we were thibking of extension as my sibling travels with parents who are on GC and have a language,age,health barrier, both touching 70. They are a big help in the travel process, flight delays, luggage moving, going anywhere while in USA. My parents have a house they help with thr house stuff in this old age, dox appointments n what not. So they being along my parents is a real help which is why we were thinking to extend.

Also my sibling does not plan to over stay or take extension if this goes against the immigration laws.

I highly doubt they will approve based on the reasons you provided. The risk of losing the visa annd any future visiting privileges is too great in my opinion.

[garebear397 68]

1 hour ago, Crazy Cat said:

It's pretty risky. There have been cases where the extension was approved, but the individual was notified after the extension expired.  Since the person overstayed the extension, they ended up with a voided B2 and a ban. 

@Mike E used to say that the I-539 is the most useless form at USCIS.

Ahh ok, good to know. Only have seen some second-hand experiences, didn't know it was so risky. 

[Dashinka 24,476]

1 hour ago, kashif01 said:

Not an overstay yet. Dec 3 is the last date ...we were thibking of extension as my sibling travels with parents who are on GC and have a language,age,health barrier, both touching 70. They are a big help in the travel process, flight delays, luggage moving, going anywhere while in USA. My parents have a house they help with thr house stuff in this old age, dox appointments n what not. So they being along my parents is a real help which is why we were thinking to extend.

Also my sibling does not plan to over stay or take extension if this goes against the immigration laws.

Filing for an extension is not against the law, but the chance of approval appears slim IMO based on your story that I would not risk it.  An extension filing will not be decided by Dec 3, so if your sibling overstays and the extension is granted fine, but if denied, overstay kicks in from Dec 3 which most likely means loss of their B2 visa, a potential bar to entry in the future and a much bigger uphill battle to get another B2 as they will need to disclose the overstay on any subsequent B2 applications.

 

Not worth the risk IMO.

 

Good Luck!

[kashif01 2]

What is my sibling exits the country and come back agaun in few weeks or a month. They have the visa till march 10

 

Or they exit n reapply for visit or student visa. They have a pakistan passport. What are the chances of approval? Regular traveler to various parts of the world. The family in usa is either citizen or on GC. Plz help