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nisha101
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Posted on 03-26-09 9:37
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Hi does anyone have any information or suggestions for me? My mom had a 5 year visa and came to visit US in June 2008. She was granted 6 months stay in her I-94 till Dec 2008. We applied for an extension in November but we just got letter today saying her extension was denied so she's supposed to leave the US within 30 days of this letter. I heard that if your application for extension is denied then the 5 years visa also gets voided. Is this true? Would she be denied entry at the port of entry if she uses the visa to come back? How long does she need to wait before she comes back? Time is running out and really need some suggestions from you if you have any idea. Thank you!
Last edited: 26-Mar-09 09:41 PM
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nisha101
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Posted on 03-27-09 10:21
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syanjali
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Posted on 03-27-09 10:30
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Once denied, better leave timely so he or she can visit again and no negative impact for future. That is my best advice.
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_
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Posted on 03-27-09 10:36
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syanjali is 100% correct. Just make sure your mom leaves ASAP, and keep that "extension denial letter" for future reference. In your mom's next visit, they MAY ask the reason why she left US so late while her I-94 expired in December 2008 and that 'denial letter' is a sufficient explanation.
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nisha101
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Posted on 03-27-09 11:10
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If she leaves how soon can she come back?
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Zephyr1
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Posted on 03-27-09 11:19
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As far as coming back time is concerned, just think of it as being same as she never applied for extension and left within 6 months. As long as you have a justified reason for coming back as a "visitor" within certain period of time, she can come back anytime.
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Himalaya178
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Posted on 03-27-09 11:19
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She can come back ONLY after 6 months (Iam NOT a lawyer but the fact is based on my knowledge) double check with Immigration lawyer or Folks at US embassy in Nepal.
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BouncingBack
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Posted on 03-27-09 11:52
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One of my friends mom's VISA extension is also denied and she has to leave before April 17. She is looking for some body who can accompany with her during the flight. Anybody flying to KTM before April 17 from DC and willing to help her during the flight? Please....
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Free H1B
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Posted on 03-27-09 1:09
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nisha101, talk with good immigration lawer. most of them won't charge you for one or two phone consulting. where are you in states? send me your mail id if you need lawer info or try to find local nepali lawer. "your parents visa stamp in their passport is now cancelled pursuant to 222(g). They will need to apply for a new visa if they want to come to the US in the future and will have to explain their period of overstay and provide more evidence of their bonafide non-immigrant intent, assuming they will apply for a tourist visa." but there are other people who argue that their parents came back without any problem even when their visa was denied. http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=7484034071&m=3511078171 also try searching more forum.
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