MY MOTHER VISITED USA IN MAY 2007 (5/30/2007). SHE WAS GIVEN A 6 MONTHS STAY PERIOD ON MY I-94. IN NOVEMBER (11/19/2007).SHE APPLIED FOR AN EXTENSION OF 1-94 ( APPLICATION TO EXTEND NON- IMMIGRANT STATUS) FOR ANOTHER 6 MONTHS. SHE PAID THE $300 FEES AND SUBMITTED ALL APPROPRIATE PAPER WORK.
SHE WAITED FOR THE NEW I-94 BEFORE I COULD LEAVE. I RECEIVED THE NEW I-94 ON 15TH MAY 2008. HOWEVER, THE I-94 THAT I RECEIVED WAS VALID TILL 3/29/2008.
THEREFORE, SHE ENDED UP OVERSTAYING BY 54 DAYS.
IS HER VISA STILL VALID. CAN SHE PAY A FINE OR WILL SHE HAVE TO APPLY FOR A NEW VISA..The Notice date was March 20, 2008 . We received it late in the mail.
Generally, if you timely filed an application for extension, you are in a period of "authorized stay" until a decision is made on the application. In your mother's case, the decision was made on May 15, 2008. Because the extension was granted only until March 39, 2008, she was out of status from March 30, 2008 to May 15, 2008, but she had authorized stay and no unlawful presence. After May 15, 2008 she would have had unlawful presence if she stayed beyond May 15, 2008. However, if she departed the U.S. within a reasonable period of time after receiving the decision, then it should not impact her ability to use the B-2 visa for further travel. You should consult an experienced immigration attorney before she travels on the B-2 visa to make sure that your mother carries with her all of the documents necessary to establish what happened in 2008 if it is raised at time of entry in to the U.S.
Her visa is not automatically revoked. Look at the dates in her a passport to see if it is expired.
a 54 day overstay does not automatically subject her to the bars of inadmissibility. Best to hire a lawyer to present a case to show she should be issued a new visa if need be
Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 [email protected] Enjoy our Blog at http://immigrate2usa.blogspot.com/
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