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i-539 declined, 30 days to leave USA, re-entry on B1/B2 visa?
hi there, in a prev question i asked if i could apply for an extension for my stay in the US. i returned after a 6 month stay hoping to remain here for another 5 months when my return ticket was for however i only received 1 month! I do photography and plan on shooting route 66 for my fine art collection back home etc. I even bought the camaro lol!
anyway, I have a B1/B2 visa multiple entry, with about another 2 years left. If i apply for the i-539, and say it takes 2 months to reach a verdict and i am not granted the extension, am i correct that i have 30 days to leave the US?
and secondly, say the waiting period passes my i94 by a month and a half, that would then be considered overstay, even though it is legally allowed. I fail to understand how - under those circumstances I would be considered as having overstayed, would i lose my visa? and if i decided to return in a year or a bit less than a year, how would that imapct my return? surely waiting for a response over the i94 expiration should exempt you from being categorized as having overstayed under these circumstances? esp if its permitted by law?
Thing is, i just need 4 months extra to complete my photography etc. with less than 4 weeks left, not only do i have to cancel that, but i also have to pay for my ticket!!
tx yahoo contributors, i always get fantastic feedback from u guys - cheerio!
the thing is - i am a freelance software developer, a fine art photographer AND i have a love for old cars (im looking at exporting them back home) - i already have a connection i made in new york for that. A year travelling around the states making possible work connections for back home is not a long time at all, my visa is multiple entry for another 2 years. who dictates that i should be limited to 6 months in a year? i find it ludicrous from an international travelers point of view. I have no arrest records or criminal issues here, i am medically fully insured and my vehicle is insured as well. I am earning enough bucks from back home to support me - i dont see myself as abusing my visa at all, in fact i see myself as utilizing it. For all the ppl that try and sneak into the states and try all kinds of warped vibes, im not part of that group at all. My interests in the US are a variety of things. I am single, have no responsibilities ie family back home, so why on earth should it
3 Answers
- George LLv 78 years agoFavorite Answer
well, you wouldn't be considered an overstay in any legal sense if you filed the I-539 while still in status and you left before getting a decision or shortly after getting a negative one. on the other hand, the next time you try to enter the US, you might not be allowed to return simply because now they're no longer sure what your actual intent is for this new trip. they can always deny you entry whether you have a valid visa or not, if they think you intend to do something not allowed on your visa. In any case, it's irrelevant whether you consider all this ludicrous or not. Their opinion matters a great deal more than yours as they don't require absolute proof to deny you entry. Chances are that they'll believe you're trying to use your tourist visa to live in the US, which is not the purpose of that visa.
- Yak RiderLv 78 years ago
If you are judged to have overstayed by as much as a single day your visa is void and you'll never get another one. I can tell you for a fact the CBP/ICE/USCIS has no tolerance for guys that try to game the system.
You're not going to shoot Route 66 in the bloody dead of winter. Go home and try coming back next summer.
- ibu guruLv 78 years ago
You need to be "out" as long as you were "in." You get 6 months a year - absolute max. No such thing as a visa run - dash out & return soon - as far as US is concerned. And a year to photograph Route 66 is considered really excessive. Abuse your visa & lose your visa! Should not have tried to extend your tourist visa as you really have asked for far too much too soon. Most unwise of you. Plan on not getting any extension. Wrap it up & go home - very quickly. Unless you plan on not returning to US. They were unusually generous in granting another month so soon after such a long stay. Such generosity has its limits. Head on home.
