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  #1  
Old 08-03-2009, 10:25 PM
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Default 222g- An experience with re-entry after EOS denied

Just posting my experience with my Mother In Law's re-entry to the United States after Extension of stay got rejected.

We applied for an extension of stay for my MIL, she stayed beyond her issued I-94 date as her EOS was pending. But the application was subsequently rejected. As soon as we came to know of the rejection, we put her on the first possible flight to India. She left the country within hours of the rejection. Per my understanding through attorney chats on Murthy.com, and my own reading, she is subject to 222g which states that her 10 yr multiple entry visa is subject to cancellation. She will have to go for another visa interview in my home country.

We called the American Consulate in Mumbai to find out how to re-apply for visa as the stamping in the passport still indicates that her visa is valid until a later date. The Consulate Office clarified that there is no need to apply for visa again as the current visa is still valid. I specifically asked them about the application of 222g, they had no clue what it was. They promised to follow-up with a written response, but never did.

In the meanwhile, we got hold of a CBP (Customs and Border protection) help website and posted a question on the website. CBP Help desk replied that since my MIL left the ocuntry within "reasonable time" after knowing about the rejection, she can come back to the United states. They advised her to keep the Boarding pass and rejection letter handy during her re-entry to prove that she indeed left within reasonable time frame. However, they were not very clear whether she needed a new visa or not.

After some searching, I found the phone number for the nearest CBP port (Minneapolis Airport) and talked to an immigration officer. After I explained the situation, the officer looked up my MIL's record and confirmed that her visa is still valid. He also mentioned that she will not need to go for restamping in India and that she can come back as long as MIL is planning to return within a reasonable amount of time (ie, not stay in the US beyond 6 months during the planned visit).

We also received response from some one at CBP for our question on the visa restamping requirement. They confirmed in an email that no restamping was necessary, and my MIL's could come back using the existing visa.

My Mother in Law has arrived in the US last week. She carried the email communication with CBP in case she runs into any problems. She was not asked any questions what so ever at the PoE and was granted admission for the usual 180 days.

Sharing my experience with 222g with you folks. This is by no means a legal advice. This is just an experience with the POE Minneapolis. Your experience at a different POE may be different.
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Last edited by gcpadmavyuh; 08-04-2009 at 05:48 AM.
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  #2  
Old 08-03-2009, 10:45 PM
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Thank you for sharing, I am glad everything went well.
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  #3  
Old 08-04-2009, 12:16 AM
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Thanks a lot for posting your experience, appreciate you taking time to post this. We were in confusion about extension or not for my MIL.
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  #4  
Old 08-04-2009, 01:44 AM
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Default Typical desi mentality

First of all ... thanks for sharing your experience. It's useless to me but I'm sure it helps others.

From what I can see phase one (invite, assuming EOS etc.) is a case of bad planning, overconfidence and stinginess.

Phase two (the rest of it) is heading into the other extreme of over planning, researching to death (while boring the heck out of others by asking repeated dumb questions) and making it sound like a life/death situation.

Oh! n BTW ... my wife and I went through her pregnancy and childbirth all by ourselves and it worked out just fine. My MIL's visa got rejected but we were cool with that ... the law doesn't guarantee a visitor visa just because we decided to make our kid an American

And seriously dude ... asking for something like that in written from the consulate? You've got to be kidding ...

Just my observation ... I know it doesn't fit the typical replies you expected but there you have it.

Last edited by Mr. Brown; 08-04-2009 at 01:50 AM. Reason: more info
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  #5  
Old 08-04-2009, 02:12 AM
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Default Thanks

Thanks for sharing . Its very useful and very thorough, especially when it concerns a family member. You had it covered from almost all angles. Just adding to it, incase there is no written correspondence it is prudent to note the date, time and the person you speak to as a written record for yourself and to show to immigration officer if required.
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  #6  
Old 08-04-2009, 06:20 AM
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Default

Mr. Brown, the main purpose of the thread was to share our 222g experience with folks facing a dilemma whether or not to extend their NIVs while in the USA.

It may or may not help folks depending on various factors. If this post helped some one, great! if not that's ok too.

We did not ask the consulate to Guarantee admission into the United states. Instead, we asked them to confirm that the existing visa was still valid. They agreed to follow-up with a written statement, but never kept their promise. They might have got busy processing truck loads of applications they receive. Or they might have chosen to ignore the request in totality. We never know what happened to the return postage envelope that they requested.

BTW, whether or not to apply for EOS, or to come back to this country is a personal decision that only the people involved can make. labeling someone stingy or arrogant without knowing the background paints a picture that you are too quick to jump to conclusions. Which may or may not be a correct portrait of what you really are. Anyways, Like anybody on the net, you are entitled to your opinion, and that's probably ok.

Good luck with your MIL's visa next time.

Quote:
Originally Posted by Mr. Brown View Post
First of all ... thanks for sharing your experience. It's useless to me but I'm sure it helps others.

From what I can see phase one (invite, assuming EOS etc.) is a case of bad planning, overconfidence and stinginess.

Phase two (the rest of it) is heading into the other extreme of over planning, researching to death (while boring the heck out of others by asking repeated dumb questions) and making it sound like a life/death situation.

Oh! n BTW ... my wife and I went through her pregnancy and childbirth all by ourselves and it worked out just fine. My MIL's visa got rejected but we were cool with that ... the law doesn't guarantee a visitor visa just because we decided to make our kid an American

And seriously dude ... asking for something like that in written from the consulate? You've got to be kidding ...

Just my observation ... I know it doesn't fit the typical replies you expected but there you have it.
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Last edited by gcpadmavyuh; 08-04-2009 at 06:55 AM.
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  #7  
Old 08-04-2009, 10:23 AM
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Thanks Gcpadmavyuh for your valuable information!
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  #8  
Old 08-04-2009, 11:54 AM
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Thanks. This is really a valuable information.

And good part is Officer stamped for 180 days for her next visit at port of entry. I know one of my friend whose father got 90 days of stay and mother got 180 days of stay on passport though they came together and also at port of Entry they both gave their passport to the same officer at a same time.

May be another way of making money through EOS....
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  #9  
Old 08-04-2009, 12:46 PM
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Default

How much was the priod between she left US and re-entry?

Quote:
Originally Posted by gcpadmavyuh View Post
Just posting my experience with my Mother In Law's re-entry to the United States after Extension of stay got rejected.

We applied for an extension of stay for my MIL, she stayed beyond her issued I-94 date as her EOS was pending. But the application was subsequently rejected. As soon as we came to know of the rejection, we put her on the first possible flight to India. She left the country within hours of the rejection. Per my understanding through attorney chats on Murthy.com, and my own reading, she is subject to 222g which states that her 10 yr multiple entry visa is subject to cancellation. She will have to go for another visa interview in my home country.

We called the American Consulate in Mumbai to find out how to re-apply for visa as the stamping in the passport still indicates that her visa is valid until a later date. The Consulate Office clarified that there is no need to apply for visa again as the current visa is still valid. I specifically asked them about the application of 222g, they had no clue what it was. They promised to follow-up with a written response, but never did.

In the meanwhile, we got hold of a CBP (Customs and Border protection) help website and posted a question on the website. CBP Help desk replied that since my MIL left the ocuntry within "reasonable time" after knowing about the rejection, she can come back to the United states. They advised her to keep the Boarding pass and rejection letter handy during her re-entry to prove that she indeed left within reasonable time frame. However, they were not very clear whether she needed a new visa or not.

After some searching, I found the phone number for the nearest CBP port (Minneapolis Airport) and talked to an immigration officer. After I explained the situation, the officer looked up my MIL's record and confirmed that her visa is still valid. He also mentioned that she will not need to go for restamping in India and that she can come back as long as MIL is planning to return within a reasonable amount of time (ie, not stay in the US beyond 6 months during the planned visit).

We also received response from some one at CBP for our question on the visa restamping requirement. They confirmed in an email that no restamping was necessary, and my MIL's could come back using the existing visa.

My Mother in Law has arrived in the US last week. She carried the email communication with CBP in case she runs into any problems. She was not asked any questions what so ever at the PoE and was granted admission for the usual 180 days.

Sharing my experience with 222g with you folks. This is by no means a legal advice. This is just an experience with the POE Minneapolis. Your experience at a different POE may be different.
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  #10  
Old 08-04-2009, 02:55 PM
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about 15 months.

Quote:
Originally Posted by DSLStart View Post
How much was the priod between she left US and re-entry?
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  #11  
Old 08-04-2009, 03:14 PM
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Default 222g- An experience with re-entry after EOS denied

Quote:
Originally Posted by Mr. Brown View Post
First of all ... thanks for sharing your experience. It's useless to me but I'm sure it helps others.

From what I can see phase one (invite, assuming EOS etc.) is a case of bad planning, overconfidence and stinginess.

Phase two (the rest of it) is heading into the other extreme of over planning, researching to death (while boring the heck out of others by asking repeated dumb questions) and making it sound like a life/death situation.

Oh! n BTW ... my wife and I went through her pregnancy and childbirth all by ourselves and it worked out just fine. My MIL's visa got rejected but we were cool with that ... the law doesn't guarantee a visitor visa just because we decided to make our kid an American

And seriously dude ... asking for something like that in written from the consulate? You've got to be kidding ...

Just my observation ... I know it doesn't fit the typical replies you expected but there you have it.
when people like you come with replies like these, you usually don't expect civilized replies back, which gcpadmavuyh did (quite innocently). I guess you'd rather spend time eating ***** than going through these forums.
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  #12  
Old 08-04-2009, 06:07 PM
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Default

Quote:
Originally Posted by Mr. Brown View Post
First of all ... thanks for sharing your experience. It's useless to me but I'm sure it helps others.

From what I can see phase one (invite, assuming EOS etc.) is a case of bad planning, overconfidence and stinginess.

Phase two (the rest of it) is heading into the other extreme of over planning, researching to death (while boring the heck out of others by asking repeated dumb questions) and making it sound like a life/death situation.

Oh! n BTW ... my wife and I went through her pregnancy and childbirth all by ourselves and it worked out just fine. My MIL's visa got rejected but we were cool with that ... the law doesn't guarantee a visitor visa just because we decided to make our kid an American

And seriously dude ... asking for something like that in written from the consulate? You've got to be kidding ...

Just my observation ... I know it doesn't fit the typical replies you expected but there you have it.
Looks like you urgently require a Psychiatrist to have your mental check-up. What the OP did was to post his Experiance on EOS. This might help lot of IVians with a similar situation on the steps to follow.
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  #13  
Old 08-04-2009, 07:56 PM
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Default

Quote:
Originally Posted by Mr. Brown View Post
First of all ... thanks for sharing your experience. It's useless to me but I'm sure it helps others.

From what I can see phase one (invite, assuming EOS etc.) is a case of bad planning, overconfidence and stinginess.

Phase two (the rest of it) is heading into the other extreme of over planning, researching to death (while boring the heck out of others by asking repeated dumb questions) and making it sound like a life/death situation.

Oh! n BTW ... my wife and I went through her pregnancy and childbirth all by ourselves and it worked out just fine. My MIL's visa got rejected but we were cool with that ... the law doesn't guarantee a visitor visa just because we decided to make our kid an American

And seriously dude ... asking for something like that in written from the consulate? You've got to be kidding ...

Just my observation ... I know it doesn't fit the typical replies you expected but there you have it.
Mr Brown,

why was your MIL's visa got rejected? is that a case of bad planning too ????? :-) is that why you responded to this post?
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  #14  
Old 02-12-2010, 01:11 PM
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Default My parents...

...were not that lucky!

When they came back to the US last month (EOS was denied the last time they were here), they were given 3 months of stay rather than 6. This, after a painful 3 hour Q&A at the POE (Newark)...
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  #15  
Old 02-12-2010, 07:28 PM
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maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts
Talking Typical sour grapes mentality.

Typical sour grapes mentality. Oh question, do the grapes turn brown when they become sour? :-)


Quote:
Originally Posted by Mr. Brown View Post
First of all ... thanks for sharing your experience. It's useless to me but I'm sure it helps others.

From what I can see phase one (invite, assuming EOS etc.) is a case of bad planning, overconfidence and stinginess.

Phase two (the rest of it) is heading into the other extreme of over planning, researching to death (while boring the heck out of others by asking repeated dumb questions) and making it sound like a life/death situation.

Oh! n BTW ... my wife and I went through her pregnancy and childbirth all by ourselves and it worked out just fine. My MIL's visa got rejected but we were cool with that ... the law doesn't guarantee a visitor visa just because we decided to make our kid an American

And seriously dude ... asking for something like that in written from the consulate? You've got to be kidding ...

Just my observation ... I know it doesn't fit the typical replies you expected but there you have it.
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