My mother-in-law applied for extension of stay last year and was denied. In hindsight, we should have sent her home when USCIS hadn't decided her case prior to her I-94 expiring. Now she has to apply for a new visa and indicate an overstay on her application. Assuming she brings a copy of her I-539 case file with her to the interview and can prove she left within a week of receiving it, what are the chances she might be able to get a new visa? Based on what I've heard about how hard it is to get a NIV from Manila, I'm a bit pessimistic, but I'm wondering if anyone has had any relatives who might have had a positive experience after this type of overstay.
I can tell you the odds if she does not apply, nobody can tell you the odds if she does.
She can enhance her chances by also supplying evidence of why she could not depart, letter from Doctor explaining why she could not travel etc etc.
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