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almondeyes
01-22-2010, 01:47 PM
Hi All,

I was wondering if any of you or your parents have faced any problems at POE while entering US after a B2 visa extension of stay denial. My mom was last here in 2007 and we had applied for an extension. But we got the denial notice about 2 weeks after her I94 expiration date. She left within a week after getting the notice which means 3 weeks after the I94 date. She is now planning to come after a gap of 2 years. I was wondering if she will have any problems at POE and if they will give her 6 months stay. The last time i spoke with USCIS at the time of denial they had assured me that her visa is still valid. But i have read a lot of contradictory information online. Will really appreciate some help and insight on this.

Thank you.

almondeyes
01-25-2010, 01:30 PM
will really appreciate some help with this... i have so far heard only instances of people coming back in with no problems with the same visa but a lot of information available online seems to indicate that visa is void and one cannot come back on the same visa.

gcandgc
01-25-2010, 02:18 PM
Hi
This has happened to my mother. She entered after a gap without issues.
gcandgc

gcpadmavyuh
01-25-2010, 05:58 PM
My MIL's extension of stay was denied in Apr 2008, while her actual I-94 expired in Jan.

I have done quite a bit of research on this one. I personally wrote letters to the American Consulate in Mumbai, the CBP officers in the US, and even talked to the POE officers at the port of entry where my MIL was planning on entering. All of them confirmed that one could come back after the denial provided he/she left within a reasonable amount of time after the denial. I specifically asked all of them about the applicability of 222 g, they assured me not to worry. American Consulate confirmed that my MIL's visa is still valid and is not revoked. My MIL left within hours of the denial email.

When I called up nearest POE, an officer looked up my MIL's immigration records and confirmed that as long as she pans on keeping her visits short, she is welcome to visit again without requiring another visa.

With email trail of my conversation with the CBP officers, and assurance from the POE officers, my MIL visited us here in the US last year, stayed with us for around 5 1/2 months and went back recently. She did not face any questions at the POE when she entered.

So, in general, it might be ok to come back after a denial of extension. I would call your intended POE and ask them if your parents/relatives could come back.

with recent happenings, I would avoid Newark though. ;-)

Good luck!

Hi All,

I was wondering if any of you or your parents have faced any problems at POE while entering US after a B2 visa extension of stay denial. My mom was last here in 2007 and we had applied for an extension. But we got the denial notice about 2 weeks after her I94 expiration date. She left within a week after getting the notice which means 3 weeks after the I94 date. She is now planning to come after a gap of 2 years. I was wondering if she will have any problems at POE and if they will give her 6 months stay. The last time i spoke with USCIS at the time of denial they had assured me that her visa is still valid. But i have read a lot of contradictory information online. Will really appreciate some help and insight on this.

Thank you.

sunny1000
01-25-2010, 06:26 PM
Hi All,

I was wondering if any of you or your parents have faced any problems at POE while entering US after a B2 visa extension of stay denial. My mom was last here in 2007 and we had applied for an extension. But we got the denial notice about 2 weeks after her I94 expiration date. She left within a week after getting the notice which means 3 weeks after the I94 date. She is now planning to come after a gap of 2 years. I was wondering if she will have any problems at POE and if they will give her 6 months stay. The last time i spoke with USCIS at the time of denial they had assured me that her visa is still valid. But i have read a lot of contradictory information online. Will really appreciate some help and insight on this.

Thank you.

My cousin's parents had an extension denial in 2000 and they have visited him successfully a couple of times after that (2005 and 2007) without issues. So, it should be ok.

almondeyes
01-27-2010, 11:08 AM
Thanks for all your responses. They have been very reassuring.

Btw gcpadmavyuh...why not Newark?

gcpadmavyuh
02-08-2010, 05:11 PM
Here is another thread I started on my experience with EOS denial and reentry.

http://immigrationvoice.org/forum/forum6-non-immigrant-visas/270254-222g-an-experience-with-re-entry-after-eos-denied.html#post599661

My MIL's extension of stay was denied in Apr 2008, while her actual I-94 expired in Jan.

I have done quite a bit of research on this one. I personally wrote letters to the American Consulate in Mumbai, the CBP officers in the US, and even talked to the POE officers at the port of entry where my MIL was planning on entering. All of them confirmed that one could come back after the denial provided he/she left within a reasonable amount of time after the denial. I specifically asked all of them about the applicability of 222 g, they assured me not to worry. American Consulate confirmed that my MIL's visa is still valid and is not revoked. My MIL left within hours of the denial email.

When I called up nearest POE, an officer looked up my MIL's immigration records and confirmed that as long as she pans on keeping her visits short, she is welcome to visit again without requiring another visa.

With email trail of my conversation with the CBP officers, and assurance from the POE officers, my MIL visited us here in the US last year, stayed with us for around 5 1/2 months and went back recently. She did not face any questions at the POE when she entered.

So, in general, it might be ok to come back after a denial of extension. I would call your intended POE and ask them if your parents/relatives could come back.

with recent happenings, I would avoid Newark though. ;-)

Good luck!

retrohatao
02-15-2010, 08:02 PM
GCPadmavuh et al:
I am in the same boat as some of you. My mother overstayed 7 days after her I-94 when her EOS denied. Now
1. I tried to call the 1-800 USCIS No# and could not get a live person. I am not sure how you guys contacted, any help is appreciated.

2. GCPadmavuh indicated that he contacted the local immigration office. Not sure how one could get the phone#. Should I take a infopass appointment for this? Please let me know.

3. Planning to contact Hyd, US consulate office. Any one has a contact number?

Please let me know

gcpadmavyuh
02-15-2010, 10:17 PM
retrohatao, fyi..

You could find the contact numbers for your nearest CBP port at this link: Search by the US state :

U.S. Customs and Border Protection - Contacts (http://www.cbp.gov/xp/cgov/toolbox/contacts/ports/)

I called the CBP officer at my MIL's intended POE and the officer confirmed on the phone that the visa is still valid.

Regarding the US consulate in India, my MIL went in person and spoke to someone at the Consulate.

Below is the email trail we exchanged with the cbp officers.


Hope this helps!

************************************************** ****

Recently you requested personal assistance from our on-line support center. Below is a summary of your request and our response.

If this issue is not resolved to your satisfaction, you may reopen it within the next 7 days.

Thank you for allowing us to be of service to you.

To update your question from our support site, click here.

Subject Re: Respected sir / madam, Answer ID # XXX helped me to an extent but my further ... [Incident: 090508-00XXXX} Discussion Thread Response (Greer)07/14/2009 08:04 AM

No, the visa is not automatically canceled. The validity of her visa is shown on the visa in her passport. Upon returning to the US for a visit, you should bring the letter from the USCIS denial of extention of stay, and her departure back to India. These document will inform the CBPO that you followed the proper procedures in departing the US after receiving the denial of extension of stay.

If you have further questions, we can be reached at 866-CBP-5511.

Customer 07/13/2009 11:29 AM Contact created due to reply to expired contact 090508-000XXXX.

Sir / Madam:

Thanks for the reply. Could you please clarify if my Mother's visa is still valid? ie, if she can come using her 10 yr multiple entry visa she currently has or she has to go for another visa interview in her home country to obtain a new visa? Thank you!

--XYZ

From email id: CUSTOMS@CUSTOMS-MAIL.CUSTHELP.COM

Yes, your mother can come back to the US if she has been gone for long enough to prove that she is still living in India and does not intend to stay here. How long she must have left for will be up to the CBP officers at the airport, so I would recommend that she carry copies of the letter from USCIS and the airline ticket showing that she departed after the stay was denied.

Thank you for contacting Customs and Border Protection's Customer Service (http://immigrationvoice.org/forum/#) Center. If you have any other questions or would like clarification on this response, please feel free to contact us either by calling our toll free number 877 CBP-5511 (227-5511) or if calling from outside the United States our toll number 703-526-4200 and speak with a Public Information Officer. Our hours of operation are Monday thru Friday from 8:30am-5:00pm Eastern Time.



CUSTOMER 05/08/2009 03:53 PM
Dear Sir / Madam:

Answer ID # XXX helped me to an extent but I have some further questions :
Dear Sir/ Madam:
my mother has a 10 year multiple entry valid visa issued by US Consulate in India. we applied for her extension of stay which was subsequently denied by the USCIS. She left USA on the next flight to INDIA as soon as she received the denial notification email. she overstayed I-94 by about 3 weeks. I wonder if her 10 year multiple entry visa still valid? can she come to USA again to visit us for a few months?


GCPadmavuh et al:
I am in the same boat as some of you. My mother overstayed 7 days after her I-94 when her EOS denied. Now
1. I tried to call the 1-800 USCIS No# and could not get a live person. I am not sure how you guys contacted, any help is appreciated.

2. GCPadmavuh indicated that he contacted the local immigration office. Not sure how one could get the phone#. Should I take a infopass appointment for this? Please let me know.

3. Planning to contact Hyd, US consulate office. Any one has a contact number?

Please let me know

gcpadmavyuh
02-15-2010, 10:29 PM
Retrohatao:

Just an FYI.. I 'm assuming your mother's overstay was due to EOS denial, the discussion in this thread is limited to EOS denial only and not intentional over stays.

the CBP was pretty quick in their email response, they replied within minutes of my query.

Again, the usual disclaimer : This is not a legal advice! What worked in my case may not always work in yours.

GCPadmavuh et al:
I am in the same boat as some of you. My mother overstayed 7 days after her I-94 when her EOS denied. Now
1. I tried to call the 1-800 USCIS No# and could not get a live person. I am not sure how you guys contacted, any help is appreciated.

2. GCPadmavuh indicated that he contacted the local immigration office. Not sure how one could get the phone#. Should I take a infopass appointment for this? Please let me know.

3. Planning to contact Hyd, US consulate office. Any one has a contact number?

Please let me know