-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1
gd_souza@hotmail.com wrote:
> ------------------------------------------------------------------
> Say a timely I-539 application is made for extension of stay for a
> non-immigrant on B2 visa.
>
> Q1: If the applicant doesn't receive a response before I-94 expires,
> and they leave the country before it expires, can he be subject to
> 222(g) and have their existing non-immigrant visa (NIV) voided?
>
> Per http://www.immihelp.com/visas/extend.html - which seems to indicate
> that 222(g) will void the NIV if the application is denied (read two
> paragraphs before the "Delays" section).
USCIS, or actually legacy INS, issued a memo on this situation stating that
the person will *not* fall out of status this way. Until they issued that
memo, though, what you are saying indeed was a problem.
> Q2: If the application for extension is denied, and the response
> arrives before the I-94 expires, can the applicant atleast stay till
> the I-94 expiry date? Will the denial invoke 222(g) and void his NIV?
Yes, the original I-94 remains valid, unless the denial notice says
otherwise.
> Q3: If the application for extension is denied, the response arrives
> after the I-94 expires, and the applicant stays till the response
> arrives, will 222(g) then apply?
Not as long as he leaves within a reasonable time (less than one week).
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.0 (GNU/Linux)
iD8DBQFDQebxyUlVTFdHXskRAuAfAJ4oftXFA8dY7n+zD7kb22/WiG1xzgCbB0FV
o6+DzHbXACbMFFxJPaZYUG0=
=nbNa
-----END PGP SIGNATURE----- |