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Immigration Issues/L1 denied and existing B1/B2 visa stamp

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Question
QUESTION: Hi ,
I was here on a l1 a visa I filed for extension and my petition got denied on march 12. I have a valid b1/b2 and want to go visit my cousins in Canada before going back to India can I use my valid b1/b2 visa and come back on Canada. I am planning to go by 20th April I know I would have accured unlawful presence from march 12 . Will that affect my valid b1/ b2 visa..
Eagerly waiting for your reply thank you
Shilpa

ANSWER: Hi,

Unlawful presence of even one day will result in voiding of the existing visa stamp. Thus, any future entry to the U.S. will require issuance of new B1/B2 visa stamp by a U.S. Consulate normally located in your home country.

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QUESTION: Hi,
Thanks for the quick reply. If I appeal my l1 case which they have given me 30 days to do. I have read while you are on appeal it's a grace period given by the attorney general can I stay here till end may until my kids finish the school and then go to my home country and apply for a new visa. Will that spoil my chances of getting another visa. Thank you

ANSWER: Hi,

Although you can remain in the U.S. for the 30 days as spelled out in the denial notice, your existing B1/B2 visa stamp will still be invalidated.

Staying for the 30 days will not harm the probability of being issued another visa in the future.

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QUESTION: Hi ,
Thank you, sorry what about if I stay till end may till school finishes and then leave will that spoil my I chances in getting a visa.. I know I have 180 from march 12 for the bar of 3 year so end may will be 2 and half months. Will I get a chance o explain myself since I appeal my case and if you are on appeal do they issue you a new visa...

Answer
Hi,

Staying for 30 days is OK since it states that on the denial notice. However, filing an appeal does not legalize your stay.

The longer you stay beyond 30 days, the more difficult it will be to be issued another visitor visa in the future even if you will not technically be subject to the 3 or 10 year bars to entry to the U.S.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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