Just get the I797C

[Boyang 0]

Hello everyone in the community. I recently helped my parents to apply staying extension. They are currently B2 visa. And today I just received an I 797C shows rejection notice. It says Recently, you submitted an application for immigration benefits. That form was submitted with an extra remittance that is not required to process your application. Your payment is being returned to you with this notice. No additional action by you is required at this time.’’  The application fee for I539 is $370. And for biometric is 170 for my parents. The biometric fee is in the letter  which I received today.And there is no green slip in it. Because the notice type shows rejection, is that mean they are no longer valid for staying in States? Or the case for staying extensions is still in the process to evaluate? Or I need to resubmit the application again?

Thank you everyone. Hope you guys can help me with it.

[OldUser 4,902]

This is a bad idea.

Are they still in valid status? When did they enter the US? Why can't they leave on time? If extension is denied, they may lose their visa and even get 3 or 10 year bar for visiting the US

Edited November 16, 2023 by OldUser

[Boyang 0]

Do you mean the status of immigration application or their visa status? They entered States 6 months ago.

[Boyang 0]

4 minutes ago, OldUser said:

This was a bad idea.

Are they still in valid status? When did they enter the US? If they're out of status, they just lost their B2 visa.

 

I am not sure that they still in valid status. They entered the US on May. They wanna stay longer because they were applying Canada visa.

[SalishSea 16,806]

3 minutes ago, Boyang said:

I am not sure that they still in valid status. They entered the US on May. They wanna stay longer because they were applying Canada visa.

Has their authorized period of stay in the US expired?   Yes?  Then they’re out of status.  
 

It is really not smart to do this.

[OldUser 4,902]

1 minute ago, Boyang said:

Do you mean the status of immigration application or their visa status? They entered States 6 months ago.

Visa validity is one thing.

 

Once they enter, they cannot stay longer than 6 months.

 

If they entered on May 1, and USCIS received extension paperwork after November 1st, they're out of status. If they entered on May 17th or later, they're still in status.

 

Extensions take long time to be decided, sometimes a year or longer. If they get denied at that time, they won't be able to visit the US in the next 3 or 10 years. Even if extension is approved, sometimes it's approved retrospectively. E.g. by the time they get letter, it's already passed the date they're extended until.

 

 

[OldUser 4,902]

Are you a US citizen? Are you parents planning to stay in the US permanently? That's one way of addressing it.

[Boyang 0]

Just now, OldUser said:

Are you a US citizen? Are you parents planning to stay in the US permanently? That's one way of addressing it.

I am not US citizen. I have a F1 Visa but right now apply AS5. As you said they have already out of status. So USCIS will not approve the case is that right?

5 minutes ago, SalishSea said:

Has their authorized period of stay in the US expired?   Yes?  Then they’re out of status.  
 

It is really not smart to do this.

They just passed the period of stay. 

[SalishSea 16,806]

2 minutes ago, Boyang said:

I am not US citizen. I have a F1 Visa but right now apply AS5. As you said they have already out of status. So USCIS will not approve the case is that right?

They just passed the period of stay. 

I can’t see them getting an extension- there is absolutely zero justification for them to.

 

It was an unfortunate move, because now they have an overstay, and it won’t be forgiven since they’re not immediate relatives of USCs.   The B visa will be revoked.

[Boyang 0]

3 minutes ago, SalishSea said:

I can’t see them getting an extension- there is absolutely zero justification for them to.

 

It was an unfortunate move, because now they have an overstay, and it won’t be forgiven since they’re not immediate relatives of USCs.   The B visa will be revoked.

Ok, thanks for your help. Appreciated!

12 minutes ago, OldUser said:

Visa validity is one thing.

 

Once they enter, they cannot stay longer than 6 months.

 

If they entered on May 1, and USCIS received extension paperwork after November 1st, they're out of status. If they entered on May 17th or later, they're still in status.

 

Extensions take long time to be decided, sometimes a year or longer. If they get denied at that time, they won't be able to visit the US in the next 3 or 10 years. Even if extension is approved, sometimes it's approved retrospectively. E.g. by the time they get letter, it's already passed the date they're extended until.

 

 

Thank you! I think they will be revoked their visa. Thanks a lot.

[OldUser 4,902]

12 minutes ago, Boyang said:

Ok, thanks for your help. Appreciated!

Thank you! I think they will be revoked their visa. Thanks a lot.

You may want to have a quick consultation with a lawyer to confirm this, but your parents should leave the US ASAP if they want to ever visit again.

[Chancy 6,233]

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