Question:

My friend stayed longer than her B-1 visa stated, but she was in the proscess of getting an extension from USC

by  |  earlier

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is their any way or place in which to check if she would have a problem in returning to the U.S.?

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  1. Much depends on whether the application for an extension was submitted on time. If it was denied because it was not timely filed, all the time after her I-94 expired and until her departure would be considered unlawful presence. If that is the case, section 222(g)(2) automatically voids her visa.

    If she accepted employment before she submitted the application, and the visa was denied because of that, all the time after her I-94 expired and until her departure would be considered unlawful presence. If that is the case, section 222(g)(2) automatically voids her visa.

    If CIS denied her application because it was frivolous, all the time after her I-94 expired and until her departure would be considered unlawful presence. If that is the case, section 222(g)(2) automatically voids her visa.

    If none of the above apply, her visa may still be valid. CIS probably gave her 30 days to depart following the denial. If she left within those 30 days, and none of the above three examples apply to her,the B visa is still valid.


  2. How much "longer" did she stay?  The size of her problems will be directly related to the answer to the question.


  3. hopefully, she kept her answer from the USCIS. that will help, but it may not be enough if she needs a new visa. she'd have to explain why she wanted to extend her stay. Even if her visa is still technically valid, if she comes back soon after being turned down on her extension request, she might well be denied entry as there will be many questions about her actual intent for coming here.  

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