overstay confusion urgent advice plzplz plz help

[Manmeetfaith 0]

hi there.i amreally in bad shape .plz helpme .had an immigrant visa f2a interview in mumbai but my case is pending coz the immigration officer needs 1797 tht is approvalofstay.

i had been to usa in 2003 in tourist visa which was valid FROM december 2003 to june 2004.i was with my sister .she applied for an extention and i received a receipt notice

stating tht my application isreceived and it will take 181 days tobe given a decision.in september 2004 my extention was approved from june to october 2004.my sister

applied for an second extention but unfortunately it was properly received by the ins after my first extention status expired and i received a notice ofdecision

i-539 in december 2004 stating tht my extention is denied and tht i have begun unlawful presence since october 31st coz they received my application officially as pro

perly filed after my first extention expired and tht if i depart united states before i accrue 181 days of unlawful presence iwill not subject to 3 to10yrs bar infuture.

i came back to india on 26th april 2005 before 181 days.

during my interview the immigration officer in mumbai did not letme speak .

she just insisted tht sheneeds my 1797 tht is approval of extention .i had received one 1797 which i lost but we have filled i824 for a second copy from texas.the immigration

officer kept on asking mefor 1797 of my denial tht after my second extention was denied how could i stay for more 5 months.in the notice of decision it is stated

tht if i leave before iaccrue 181 days there willbe noproblems and so i did now we r all co

nfused tht which i797 is she looking for.the first one which i will send her or she wants something after my denial.lastly immigration officer told metht my case ispending

and asked me to mail my i 797 and passport as soon as possible to the mumbai consulate through vfs.as i had lost my one i797 waiting for a second copy from the texas

immigration.so i did overstay for 5 months after my second extention was denied but i came before 181 days as witten in my notice of decision.

afteri left, my husband kept on calling the mumbai consulate customer service and they just repeated papers for her overstay.approval of her denialwhich we dont have .

neither usics did send after tht notice of denial.now we rstuck.confused tht which i 797 is she lookingfor .i had one and goingto mail her soon asi receive fromthe usics.

below i ampasting my notice of denial which i received .please read it and let me knw wht do u people understand.as my hubby is a green card holder did wait 5 years

to get a interview date and now after 5yrs its messed up.staying in india without a husband heartless people cannot understand .i was truthful to the officer but still

myhonestly did not pay me .we called theusics they said tht i should had be given the visa .presently we rwaiting for a secondcopy of i797 whch i had lost .still confulsed

tht wht theofficer wants just the i 797 or something else.here is my notice ofdecision .plzreadthis carefully and reply meassoon as possible .appreciating this forum

.thnks waiting for replies.plz reply .help me.

Form I-539.application to extend/change nonimmigrant status.

NOTICE OF DECISION.

a review of the record indicates tht u were last admitted to the united states on dec 25,2003 as a temporary visitor in B-2 nonimmigrant status with an authorized stay until june 22,2004.you were subsequently granted an extention of stay until october 30,2004.on november 29,004 u filed an application requesting another extention of stay.ur application was filed after ur nonimmigrant status expired.

it is noted for the record,tht u included evidence tht ur application was initially received before ur status expired.however,the application was rejected and returned to u as improperly filed.u re mailed ur application and it was regarded as properly filed on november 29.2004 after ur nonimmigrant status expired.the code of regulations,title 8.part 103,section 2(a)(7)(i)(receipt date) states in pertinent part,

"an application or petition received in a service office shall be stamped to show the time and date of actual receipt and shall be regarded as properly filed when so stamped,if it is signed and executed and the required filing fee is attached...an application or petition which is not properly filed signed or submitted with the wrong filing fee shall be rejected as improperly filed.Rejected applications and petitions,and ones in which the check or other financial instrument used to pay the filing fee is subsequesntly returned as non payable will not retain a filing date."

therefore,it is the determined tht ur application to extend ur nonimmigrant status was not timely filed.

the federal code of regulations ,title 8 part 214,section 1©(timely filing and maintenenceof status) states in pertinent part,

"an extention of stay may not be approved for an aplicant who failed to maintain the previously accorded status or whose status expired before the application or petition was filed".

becoz ur status expired before u filed the form i-539 u r not eligible fr an extention of stay.this unexcused late filing is a violation of ur status.

in view of the above application for extention of stay is hereby denied.

u must make immediate aarangements to depart the united states.u have begun accruing unlawful presence towards the three year bars to admission under section 212(a)(9)(B)(i)as of october 30,2004,the expiration date on ur form i-94.IF U DEPART THE UNITED STATES BEFORE U ACCRUE 181 DAYS OF UNLAWFUL PRESENCE U WILL NOT BE SUBJECTED TO THE THREE OR TEN YRS BARS TO ADMISSION AS A RESULT OF THIS DENIAL SHOULD U APPLY FOR A VISA OR FOR ADMISSION TO THE UNITED STATES AT A LATER DATE.

U R ALSO SUBJECT TO SECTION 222(g)og the act.this means ur b2 visa is automatically void.in addition,if u seek admission to the unites states at any time in future,u may be admitted only on a nonimmigrant visa tht has been issued at the us consular post in the country of ur nationality,unless the department of state consular finds extraordinary circumstances and allows u to apply for the visa in a third country,or unless u have been issued a new nonimmigrant visa in a third countryunder one of the following categories:A-1,A-2,C-3.G-1,G-2,G-3,G-4 OR NATO-1 THROUGH NATO-6.

a denial of an i-539 application may not be appealed but an applicant may file a motion to reopen or a motion to reconsider under 8CFR 103.5.A A motion to reopen or a motion to reconsider an aaplication denied must be filed in writing and signed by the affected party or the attorney or representative or record and accompanied with a fee of 110 dollars withing 30 days of the decision.a motion to reopen or a motion to reconsider must state the new facts to be proved or reconsidered and must be supported with affidavits or other documentary evidence and any pertinent precedent decisions.

THE filing of a motion to reopen or reconsider or of a subsequent application or petition does not stay the execution of any decision in a case or extend a previously set departure date.

_________________________________________________.

PLZ HELP.MANMEET.

[YuAndDan 153]

You can apply for a replacement I-797 approval notice by filing I-824 with USCIS, this can take up to 6 months to get the replacement I-797.

I-824

Purpose of Form :

To request a duplicate approval notice, to request approval notice to another U.S. Consulate, and to request notice to a U.S. Consulate for derivative visas to family members.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[Manmeetfaith 0]

hi there .thnks for uradvice.we have already filed the i824 to theuscis.cant the uscis help us so tht ican receive myvisa soon.cant they directly get in touch with the mumbai

immigration.besides waiting for 6 months wht can bedone .plzlet me knw.thnks manmeet.