B Visa

Extension for Visitor Visa Denied Please Help

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I applied extension for my mother, reason being she had a fracture 6 weeks before and was advised bed rest for 4 weeks. So I applied for extension and received I-797C in the mail (paid $300). Since I had requested 3 months ext, I rescheduled her departure date (luckily I bought 1 yr ticket, thx to my agent) and she left before 3 mos. I did not receive anything in the mail till then.Now, 3 days ago I got a letter from USCIS VT stating it is denied/abandoned as they did not receive any evidence supporting the app, file I-290B before Aug 23rd which has filing fee of $585!!! ouch. What can I do?

Not much you can do at this point. Keep copies of all documents so you can show that the overstay was entirely inadvertent. You may also want to get a new visa stamp. If the consulate says a new stamp is not necessary, explain how she fell out of status. You can send this info to the consulate by email and see what they say.

B-2 Visa

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I have a friend whose an oversea worker and was assigned in Thailand,wants to visit me in San Francisco, CA. Is it possible for him to apply for a B-2 visa? What are the requirements? How much is the fee?

Sure. B-2 is for casual visits. I suggest starting with the consular web site.

Visitor Visa denials

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I have been here in US for last eight years. I finished both my undergrad and grad degrees and presently under AOS based on skilled worker. My parents had applied for visitor visas on my three graduations, gradation of my wife, but got denied everytime. They showed enough balance and my father is a contractor. Should I give up my hope?

Barring extraordinarily strong reasons or evidence to the contrary, it is very difficult to overcome denial of discretionary visas like B, F and J.

B2 Visa

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I have a B1,B2 visa issued in 1992, valid "indefinitley", allowing me to stay in the US for up to 6 months. Is this visa still valid today?

I have never heard of a "indefinite" visa. You should call the local US consulate in your country before you travel.

B2 -- unlawful presence

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I have a B2 visa until Jan 2012. I had an approved H1 visa last year while I am here in the USA. But I have to get it from my home country , while my I-94 has expired already. As advised, I won't be able to come back since I overstayed my allowable I-94 duration. Being out-of-status already, what else can I do to make my stay here legalized? Can another employer like a school provide sponsorship?

Once you have accrued unlawful presence of over 180 days/one year, you become subject to 3/10 year bar from reentering USA. That is a very difficult position to be in. I suggest you speak with a lawyer about your situation. Read my blog for understanding more about unlawful presence.

Effective date on I-94 for a visitors visa

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My parents came to US in 2009 to visit me. The effective date on I-94 form allowed them to stay in US for 7 months. After they left US, customer collected the forms and left no evidences about the effective date approved by immigration officer at customer in SFO airport. Now, they were rejected for new visa application to come to US due to this problem. How should we work it out with visa officer for this problem?

The usual time is 6, not 7 months. That could be part of the problem. If CBP gave them more time than is usual, your parents must not be penalized for it. In my view, contacting your Congressmen would help you.

May B-1/B-2, E-1, E-2, F-1, H-1, J-1, L-1 O-1 visa or TN holder apply for green card?

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May B-1/B-2, E-1, E-2, F-1, H-1, J-1, L-1 O-1 visa or TN holder apply for green card?

One of the questions I am asked quite frequently is whether or not an E-1/E-2 visa holder can apply for a green card and not jeopardize his or her E status. The answer is PROBABLY yes he can.

In the E visa context, this is what the govt says:

Quote:
9 FAM 41.51 N15 INTENT TO DEPART UPON TERMINATION OF STATUS
(TL:VISA-404; 04-29-2002)

Applying for green card while on a B-1 or B-2 visa

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1) I am a US Citizen. My parents (or spouse/spouse-to-be) are in USA on visitors visa. Can I apply for their green card? How does it all work?

2) My parents' I-130 application is currently pending. They are currently living in their home country, India. Can they visit me during the pendency of the green card application?

3) Is it better to apply for adjustment of status or consular processing for the last step of their green card?

4) Updated FAQ - My parent came to US with B1 visa and they are still here. But the visa were expired several years ago. Now I am a citizen, I wonder if I can still apply for green card for them. Could I apply by myself or need to consult with a lawyer?

A1. There is nothing that stops you from applying for their green card. Note also that the same answer applies to children and spouse of a US citizens. But it does NOT apply to brothers/sisters.

There is just one issue. It is INAPPROPRIATE (may be even illegal) for a person to enter USA on a tourist or other similar visa if they have the intent to apply for a green card. BUT, if they enter USA without that intent, and after a few days of entry change their mind, that is perfectly appropriate and legal.

Visa after B-1 to F-1 conversion

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I entered the US on a B1/B2 visa in febuary 2007, and then changed my status to F1 in May 2007. I enrolled into a 1 year certificate diploma program and started attending school in June 2007. I completed the program and in Fall 2008, I transfered and enrolled into a Master's program at a prestigious university. I have completed 1 year of study and I am half way through the program. I am intending to visit my home country this summer. I would like to know the procedure to obtain the F1 visa stamping. I wish to travel and come back while I am a student. I have obtained my SSN and my Driver's License as well. I have also signed a lease for my apt for the next 1 year. I have always maintained legal status till date. I have working on campus for the last 6 months. I would like to know about the chances of getting my visa stamped before coming back to continue my studies. I am very confused listening to people and I really need some good advice. Its been close to 3 years now and I really wish i can get to see my family back home. I will really appreciate any advices and help. I dont know what kind of questions will be asked in the interview. Also the probability or obtaining the visa stamp. Please tell me what is the best way to approach this and the best thing that I can do.

Chances of getting an F-1 visa are remote. I would want you to reconsider the trip. The biggest problem here is, unless you declared to the consulate that you intended to convert from B to F status, they are likely to consider you to have misrepresented your true intention when you obtained/traveled on B visa.

Entering on/applying for nonimmigrant visa while green card is pending

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I filed I-130 for my parents in April 09 which is still pending. They have 5 years multiple visa and they been here 4-5 times already. Is it ok for them to visit for a month again while their I-130 is still in pending status?

The answer is it is unlikely, but not impossible, that they will be permitted entry if CBP finds out about the I-130. If it were my own parents, I would probably not take the chance.