Immigration Issues/Visitor visa extension risks?
I recently submittted (on 10/16/2015) application for extend my mother's stay in USA. Her I-94 expires on 11/13/2014
I have following questions.
1. I know that my mother can stay as long as her application is pending. If denied after 11/13 she has to leave immediately. This is practically not possible, i.e. to leave overnight but we will certainly have her go in few days. Will this cancel her VISA which is issued for 10 years? Will she be able to travel in future?
2. How can i track the progress of her application, i have not received receipt. Will i get receipt of will they give decision?
3. What are the chances of extension getting approved for visitor? Is there a pattern in recent months?
Excuse me for the delay to reply to you.
1. As long as your mother files the extension application before the expiration date of the current I-94 form, she is in legal status as long as the application is pending or 240 days, whichever comes first.
However, if your mother is still in the United States when her extension application is denied, she will be out of status. She will have to leave the United States immediately. It is understood that it is practically difficult to leave on the same day.
If your mother is in the United States past her I-94 date, and if her visa extension is denied and if she has any 10 year multiple entry visa, that visa is considered automatically cancelled under section 222(g) of the INA. That means, if she tries to enter the United States with that visa stamp again, she will not be allowed. Even though some people have reported that they were allowed entry into the U.S. after such an incident, there are others who have been denied.
If the response is a denial, and your mother's I-94 has expired, the USCIS generally allows her 30 days to depart the United States starting from the date on the letter notifying her of their decision to deny an extension. If she does not depart within 30 days, she will be considered deportable.
2. You can track a case at https://egov.uscis.gov/casestatus/landing.do.
3. Usually, chances that an extension application is approved are relatively good. As the processing timings for visitors visa extension vary all the time, there is really no precise way to know when your mother's application will be processed.
Thank you for your attention. Best wishes.