B2 Visitor Visa

When you apply for visitors visa extension, it can either be approved or denied. If your visitors visa extension is denied, there are several consequences depending upon various situations.

Prior to I-94 Date

If your visitors visa extension is denied prior to the expiration date of the CURRENT I-94 date, there are no consequences and you should leave normally before it expires.

Past the I-94 Date

As long as you filed the extension application before the expiration date of the current I-94 form, you are in legal status as long as the application is pending or 240 days, whichever comes first. However, if you are still in the U.S. when your extension application is denied, you immediately go out of status. You will have to leave immediately. It is understood that there are practical difficulties in leaving on the same day. It takes time to arrange the air tickets, pack the bags and so on, but legally, there is no grace period. 

Visa is Void

If you are in the U.S. past your I-94 date, and if your visitor visa extension is denied, then the visa is considered automatically cancelled. When the visa is cancelled, they don't have to stamp or strike off the actual visa stamp in the passport. They just make an entry in their computer. That means, if you try to enter the U.S. with that visa stamp again, you will not be allowed.

Even though some people have reported that they were allowed entry into the U.S. after such an incident, there are others who have been denied. Some people are not willing to accept the fact and continue to argue and take whatever position is convenient to them. However, the fact remains that your visa is void. You will have to apply all over again at the consulate when you want to visit next time.

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