i94 Expires but did not receieve Extension i539 Receipt

[AskQuestion 0]

Applied for Visitor visa extension. i539. Its been about a month and havent received receipt for extension request. i94 is expiring next week. What should my grandmother do? Wait for the receipt or should she leave before i94 expires?

[Crazy Cat 39,153]

I vote leave before the I-94 expires.......why should she violate the conditions of her visa?

Edited April 1, 2019 by missileman

[accumbyte 148]

8 minutes ago, missileman said:

I vote leave before the I-94 expires.......

^^This. If she is capable of leaving the country* she should leave. OP, why was the I-539 filed?

 

*Note: if she doesn't live in either Mexico, Canada, or the Caribbean she should leave the whole continent of North America. Better safe than sorry.

Edited April 1, 2019 by accumbyte

[AskQuestion 0]

She filed i539 because she wanted to attend her grandsons graduation ceremony. What happen if she stays and then receives the receipt later?

Edited April 1, 2019 by AskQuestion

[Dashinka 23,194]

I also vote leave.  If she is here on a visitor visa, and the extension is not granted, she will lose the use of that visa. 

[Crazy Cat 39,153]

1 minute ago, AskQuestion said:

She filed i539 because she wanted to attend her grandsons graduation ceremony.

She needs to leave......... poor planning on her part....If they deny her extension request, she will suffer severe consequences.

Edited April 1, 2019 by missileman

[AskQuestion 0]

2 minutes ago, missileman said:

She needs to leave......... poor planning on her part....If they deny her extension request, she will suffer severe consequences.

That sounds bad. What consequences? I read that if they deny after i94 then we have short time to leave but no consequences.

[accumbyte 148]

2 minutes ago, AskQuestion said:

That sounds bad. What consequences? I read that if they deny after i94 then we have short time to leave but no consequences.

The tourist visa (or VWP) could be revoked. Thus, no future tourist visits. Better play it safe.

[Crazy Cat 39,153]

4 minutes ago, AskQuestion said:

That sounds bad. What consequences? I read that if they deny after i94 then we have short time to leave but no consequences.

A denial means she immediately starts unlawful status......Overstay is rarely ever a good thing.......

https://immigrationanswerman.com/2017/12/18/my-extension-of-status-was-denied-is-my-visa-still-valid/

Edited April 1, 2019 by missileman

[Dashinka 23,194]

3 minutes ago, AskQuestion said:

That sounds bad. What consequences? I read that if they deny after i94 then we have short time to leave but no consequences.

Extend My Nonimmigrant Stay

If you want to extend your stay in the United States, you must file a request before your authorized period of stay expires. If you stay in the United States after your authorized period of stay has expired, you may be barred from returning and/or you may be removed (deported) from the United States. You also may be required to apply for a new visa in the country of your nationality.

 

https://my.uscis.gov/exploremyoptions/extend_non_immigrant_stay_us

 

If the extension is denied, and the I94 expires, she would start accruing unauthorized stay along with losing her visa.  I have read that in general, she would have a 30 day grace period before she is considered deportable, but that does not affect the expired I94.

[AskQuestion 0]

" you must file a request before your authorized period of stay expires "

 

She applied before she authorized stay expires. So she is doing that legally. My question is that she hasn't received her NOA yet. Her i539 accepted or not accepted is a totally different matter.

 

Edit: They are running 4-5 months late with i539 response so her response was always going to be later than i94. So is for most of the people I know.

Edited April 1, 2019 by AskQuestion

[USS_Voyager 1,971]

3 minutes ago, AskQuestion said:

" you must file a request before your authorized period of stay expires "

 

She applied before she authorized stay expires. So she is doing that legally. My question is that she hasn't received her NOA yet. Her i539 accepted or not accepted is a totally different matter.

https://www.***removed***/visitor-visa-extension/visitors-visa-extension-denied.html

 

 

[Crazy Cat 39,153]

1 minute ago, AskQuestion said:

" you must file a request before your authorized period of stay expires "

 

She applied before she authorized stay expires. So she is doing that legally. My question is that she hasn't received her NOA yet. Her i539 accepted or not accepted is a totally different matter.

She will not be legally present if she stays after her I-94 expires and her extension request is denied.  She will then deportable in 30 days......but her illegal presence starts on the date of the denial.

[AskQuestion 0]

1 minute ago, missileman said:

She will not be legally present if she stays after her I-94 expires and her extension request is denied.  She will then deportable in 30 days......but her illegal presence starts on the date of the denial.

 Yeah so she can leave immediately if her i94 is denied. i94 Accept/Deny is different matter. But my question was about right now. She hasn't received her i539 receipt. What should she do about that?

[Dashinka 23,194]

2 minutes ago, missileman said:

She will not be legally present if she stays after her I-94 expires and her extension request is denied.  She will then deportable in 30 days......but her illegal presence starts on the date of the denial.

Actually, I think the unauthorized stay is retroactive to the expiration date of the I94 if the extension is denied.  Therefore, it is kind of a gamble.