i94 Expires but did not receieve Extension i539 Receipt

[Crazy Cat 39,227]

Just now, AskQuestion said:

 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?

There is NOTHING she can do except wait for the response.......If I were her, I would leave BEFORE my I-94 expires......

[Crazy Cat 39,227]

Just now, Bill & Katya said:

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.

I found this from some attorney:

"The big problem is if USCIS denies your application. The day after the denial, you lose the legal status and starting picking up what’s called “unlawful presence.” If you have six months worth of unlawful presence in the U.S. you cannot enter the U.S. until you leave and wait 3 years. If you have a year of unlawful presence, you must leave and wait 10 years before returning. The harshest consequence is for someone whose application is denied because it was late or frivolously filed. USCIS will consider the entire time you were waiting on a decision after your permission date passed to be unlawful presence."

[SusieQQQ 11,584]

20 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.

She has to leave immediately, not “short time”, plus....

3 minutes ago, Bill & Katya said:

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.

Yes, plus the existing visa it is based on is automatically revoked.  Means chances of getting another visa are extremely low.

 

She can leave and return for the graduation, safest route.

Edited April 1, 2019 by SusieQQQ

[USS_Voyager 1,971]

8 minutes ago, AskQuestion said:

 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?

Nothing. She waits for the receipt. As long as the application is filed prior to the expiration of the I-94, she is in authorized period of stay, for up to 240 days. 

 

If the I-539 is denied after her I-94 has expired, it will be considered unlawful presence since the date the I-94 expires.

 

However, less than 180 days accrual of unlawful presence does not create any ban, but it will invalidate her existing visa. 

180 days -1 years accrual of unlawful presence create a 3 years ban.

More than 1 years of unlawful presence create a 10 years ban. 

If she tried to enter the US illegally after that, it will be a permanent ban. 

 

 

Edited April 1, 2019 by USS_Voyager

[Dashinka 23,244]

Here is a similar thread with other nuances that do not apply here as far as we know.  I think the biggest thing here is the risk of potentially losing the ability to visit in the future if an extension is denied.

 

 

[SusieQQQ 11,584]

OP see from middle of first column in page 3 onwards for official confirmation of my statements above 

https://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf

[SusieQQQ 11,584]

1 minute ago, USS_Voyager said:

Nothing. She waits for the receipt. As long as the application is filed prior to the expiration of the I-94, she is in authorized period of stay, for up to 240 days. 

 

If the I-539 is denied after her I-94 has expired, it will be considered unlawful presence since the date the I-94 expires.

 

However, less than 180 days accrual of unlawful presence does not create any ban. 

180 days -1 years accrual of unlawful presence create a 3 years ban.

More than 1 years of unlawful presence create a 10 years ban. 

If she tried to enter the US illegally after that, it will be a permanent ban. 

 

 

No ban but visa immediately revoked if application denied

means chances of new visa just about zero

In practical terms no different to a ban except you don’t know when/if it ever ends 

Edited April 1, 2019 by SusieQQQ

[Dashinka 23,244]

3 minutes ago, USS_Voyager said:

Nothing. She waits for the receipt. As long as the application is filed prior to the expiration of the I-94, she is in authorized period of stay, for up to 240 days. 

 

If the I-539 is denied after her I-94 has expired, it will be considered unlawful presence since the date the I-94 expires.

 

However, less than 180 days accrual of unlawful presence does not create any ban. 

180 days -1 years accrual of unlawful presence create a 3 years ban.

More than 1 years of unlawful presence create a 10 years ban. 

If she tried to enter the US illegally after that, it will be a permanent ban. 

 

 

To me the biggest item would be losing the visitor visa for the future regardless of any bars. 

[Crazy Cat 39,227]

3 minutes ago, Bill & Katya said:

To me the biggest item would be losing the visitor visa for the future regardless of any bars. 

Agree 100%........She is gambling by staying beyond her I-94 authorization.........and as was said above, losing a B2  is sometimes "equivalent" to a ban......

Edited April 1, 2019 by missileman

[USS_Voyager 1,971]

3 minutes ago, SusieQQQ said:

No ban but visa immediately revoked if application denied

means chances of new visa just about zero

 

Just now, Bill & Katya said:

o me the biggest item would be losing the visitor visa for the future regardless of any bars. 

I edited my answer to reflect the invalidation of the existing visa. 

But I don't know about automatically losing the ability to get a new visa. To me, if there was legitimate reason(s) that are explainable in the next visa interview, and the person depart the US in a timely manner after the I-539 denial, why would there be problems? The person broke no laws. USCIS allows for I-539 extensions to be filed. 

[Dashinka 23,244]

Just now, USS_Voyager said:

 

I edited my answer to reflect the invalidation of the existing visa. 

But I don't know about automatically losing the ability to get a new visa. To me, if there was legitimate reason(s) that are explainable in the next visa interview, and the person depart the US in a timely manner after the I-539 denial, why would there be problems? The person broke no laws. USCIS allows for I-539 extensions to be filed. 

Technically correct, but of course in practice at least anecdotally, one would think a consulate would automatically put a big red flag in any new application that includes an overstay.

[SusieQQQ 11,584]

5 minutes ago, USS_Voyager said:

 

I edited my answer to reflect the invalidation of the existing visa. 

But I don't know about automatically losing the ability to get a new visa. To me, if there was legitimate reason(s) that are explainable in the next visa interview, and the person depart the US in a timely manner after the I-539 denial, why would there be problems? The person broke no laws. USCIS allows for I-539 extensions to be filed. 

“I wanted to stay for my grandson’s graduation” May not be a “legitimate “ reason in uscis eyes. Or to be clear: any “legitimate” reason would probably see the i539 granted. Now let’s be clear about this,  this is a graduation day. It’s not someone suddenly getting sick or being in an accident. I have known my daughter’s graduation date a year in advance. This is not an unexpected turn of events.

 

Why take the risk ?? Imo, again, safest route is to leave and then return for the graduation.

 

Yes she may be ok with the i539 - or she may effectively find she never visits the US again (dunno how old granny is). I know what I would advise my own granny to do.

Edited April 1, 2019 by SusieQQQ

[ElDiablo 95]

Attending a graduation whatever is not a valid reason for an extension.

 

She will 99.9% be denied, will have started overstaying since her i94 expired, her current visa will become null and void, will not be getting a new visa any time soon due to the overstay so won't be coming back to the USA for a while, possibly never again.

 

If she doesn't want all that then she should leave as has already been mentioned a number of times and stop being greedy.

[WeGuyGal 1,052]

Extensions should ONLY be applied for during emergencies, like say a medical reason beyond one's control. Graduation does NOT fit that emergency, and moreover she likely knew the academic calendar far in advance to have planned her US visit accordingly. 

 

Even if she stays past the i94, and the i539 is approved, she still risks a curtailed or denied entry the next time on a b2. 

 

Bottom line, a B2 admittance is for short term visits to the US of a temporary nature.

[accumbyte 148]

1 hour ago, SusieQQQ said:

Why take the risk ?? Imo, again, safest route is to leave and then return for the graduation.

 

Yes she may be ok with the i539 - or she may effectively find she never visits the US again (dunno how old granny is). I know what I would advise my own granny to do.

^^This 100%

Also, granny can leave now and use the visa-free travel perk (about 20 additional countries depending on her passport) if she wants and has access to the finances, and then try to return for the graduation: https://www.visatraveler.com/blog/travel-20-countries-visa-free-with-us-visa/