Denied Visitor Visa Extension

[Scorpion1110 0]

Hi there, my aunt just received today her visa extension denial letter, it says there she needs to leave US within 30 days... Next week she willl fly to Texas to visit an ailing friend... Is there gonna be a problem on her domestic flight? Thanks...

[aaron2020 11,651]

Hi,

No since there is no immigration control on domestic flights.

[Scorpion1110 0]

Thanks for the response, but i read that TSA checks the Identification Card or passport of the passenger, if the passenger is holding a foreign passport, the TSA will go through the visa pages. Since my aunts application for extension is denied she is considered out of status, but the denial letter mentioned she has 30days to depart US. Is there gonna be a problem with that?? If the TSA will check the visa pages. But my aunt will definitely go back to her home country. I just want to make sure that her domestic flight wont cause any problem or delayed. Thanks

[KierenHby 897]

Hypothetically, if using a foreign passport as ID at an airport, could an expired non-paper i94 come into play for a domestic check-in\tsa id check?

Edit: the post above beat me to the same question

Edited August 24, 2015 by KierenHby

[Scorpion1110 0]

There's a stamp on her passport valid stay until july 10, 2015. No I94 paper but there's a stamp

[Scorpion1110 0]

Is she still legal to stay for additional 30 days as states in denial letter, she has 30days to leave US.

[Jo Së 200]

Keep in mind that since she was denied if she overstays her visa she will have issues in the future getting a visitor visa

[Scorpion1110 0]

Hi jose eli, really?? Even if she will leave US on time as states in the denial letter? What if she will use the same visa to come here in US after 2years or so... Just for example, is she will have trouble on her entry... What she might bring with here, does she needs to get another US visa?

[aaron2020 11,651]

Hi jose eli, really?? Even if she will leave US on time as states in the denial letter? What if she will use the same visa to come here in US after 2years or so... Just for example, is she will have trouble on her entry... What she might bring with here, does she needs to get another US visa?

Her visa was cancelled when the extension was denied. She can not use the same visa to come back here. She will need to apply for a new visitor visa.

http://www.rreeves.com/print.php?newsId=692

Serious immigration consequences arise when applicants file for extensions after their I-94 departure date, as well as when applicants timely apply for extensions but remain beyond their I-94 departure date while waiting for a response. If the extension request is denied, the applicant is immediately determined to be out of status and the B visa is automatically cancelled under INA Section 222(g). Even if the applicant departs from the U.S. immediately upon receipt of the extension denial, he or she has already been out of status in the U.S. and this can prevent future entries into the U.S.

If such an applicant attempts to return to the U.S. in the future with the same B-1 or B-2 visa, due to their prior period of unauthorized stay, the applicant will likely be refused entry unless they can present evidence of extenuating circumstances that prevented an earlier departure during their last trip to the U.S. Officers will only rarely permit entry, even in this instance. In addition, many U.S. consulates will refuse to grant future visas on the ground that the foreign national overstayed their last visit to the U.S.

http://www.avvo.com/legal-answers/applying-for-visitor-visa-extension-and-what-are-t-2164713.html

If her extension request is denied, her visa is automatically canceled. She will need to reapply for a new visa if she wants to reenter the US in the future. The time in the US and the extension request will slightly decrease her chances of approval of a future visa, but it may still be possible.

[mallafri76 1,012]

When I fly over to visit my husband, I have to travel a lot on my Swedish passport within the US to get to him and TSA do sometimes flip through the pages to check for the entry stamp. There's even been a couple of times where the TSA officer asked me to show him the entry stamp. And I'm from a low fraud VWP country.

I've never been out of status though so I don't know what they do if they catch someone who's past the date on the stamp. Alert CBP/ICE for removal maybe?!?! Not sure it's worth the risk of finding out.

[Jawaree 717]

From a low fraud high fraud country makes no difference if in USCIS opinion they overstayed their welcome, she can wrap up things &

go see her ailing friend in the US, she should have the 30 days letter with her (just in case) Now she will have to re-apply for a visa to

come back & she should give it some time B4 trying to visit again

[Boiler 43,425]

I have come across cases where people have been picked up, but it seems extremely rare.

TSA = McDonald's rejects.

How long has she been here, a B2 with extension suggests a year?

[Scorpion1110 0]

Hi boiler she's been here for 8months already... She asked for another 6 months extension but got denied.

[Boiler 43,425]

Make me wonder about her US tax issues, but back on subject all depends on how risk adverse she is against how much she wants to see this friend who she may never see again.

In my mind the risk is so low that it would not bother me, but I am not your Aunt.

[Scorpion1110 0]

Hi boiler, Does she needs to pay taxes??? She never worked here..

I already talked to my aunt regarding the consequence of her denial. She's worried she can never travel again in US in the future or she may have a denial of visa once she decided to go for another interview. If she knows the consequence, she might not apply for an extension.. She is eager to see her ailing friends, she has breast cancer, terminal stage acftually her bestfriends since childhood days :'(