Denial of B2 Extension could result in deportation

A June 28, 2018, USCIS policy memorandum (PM 602-0050.1) expands the conditions under which USCIS will issue a Notice to Appear (NTA), the document that initiates removal (deportation) proceedings, to now include situations "where, upon issuance of an unfavorable decision on an application, petition, or benefit request, the alien is not lawfully present in the United States."

Under the new policy, USCIS can issue an NTA after denying an application for an immigration benefit only if on the date of the denial the applicant is out of status.

For examples, denial of an extension of stay or change of status request, where the applicant's prior status expires before USCIS denies the EOS or COS.

My Law, LLC                                            

Immigration & Tax Law Firm

www.mylawllc.com

Phone: (630) 903-9625

1700 Park Street, Suite 203

Naperville, IL 60563

E-mail: attorney@mylawllc.com

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.

My Law, LLC                                           

Immigration & Tax Law Firm

www.mylawllc.com

Phone: (630) 903-9625

1700 Park Street, Suite 203

Naperville, IL 60563

E-mail: attorney@mylawllc.com

Facebook Page:

https://www.facebook.com/Immigration.MyLawLLC

2016 Entry/Exit Overstay Report

U.S. Department of Homeland Security (DHS) released the Fiscal Year (FY) 2016 Entry/Exit Overstay Report. The report provides data on departures and overstays, by country, for foreign visitors to the United States who entered as nonimmigrant visitors through an air or sea Port of Entry (POE) and were expected to depart in FY16.

The in-scope population for this report includes temporary workers and families (temporary workers and trainees, intracompany transferees, treaty traders and investors, representatives of foreign information media), students, exchange visitors, temporary visitors for pleasure, temporary visitors for business, and other nonimmigrant classes of admission. This population accounts for 96.02 percent of all nonimmigrant admissions at U.S. air and sea POEs in FY16.

Importantly, the report does not cover all foreign visitors to the United States—such as those who enter the United States through a vehicular or land POE. Nor does the report provide the total estimated in-country overstay population currently in the United States. Rather, it provides data on overstays in a snapshot of time—those foreign visitors who were expected to depart in FY16, and those who did not do so.

B-2 Tourist Visas

If you have a friend or family member that is coming to the U.S. to visit you, they will generally need a B visa. The B-2 visa permits entry into the U.S. for up to 6 months to conclude their visit. Citizens or nationals of certain countries such as Japan or South Korea are eligible for the Visa Waiver Program (VWP). The VWP allows eligible citizens or nationals to travel to the U.S. for tourism or business stays of 90 days or less without obtaining a visa. There have been talks of Taiwan being accepted into the VWP but nothing has been finalized.

Generally, stays in the United States using a B-2 visa involve such activities as tourism, visiting family and obtaining health care. A B-2 tourist cannot be involved in employment while in the United States and cannot undertake an academic study program.

How to apply for a B-2 visa?