Tag Archives: visitor visa

Appealing USCIS denial of extension of visitor visa status

The USCIS may grant the I-539 application, request further evidence (RFE) or deny the application. Sometimes the application may be denied after the USCIS receives further evidence. In practice some RFE notices are vague. A foreign national who does not understand what the USCIS wants may send irrelevant evidence or insufficient evidence to prove eligibility.

At other times the USCIS reviewing officer gets it wrong and sends the foreign national an improper written notice of denial. The notice will set out the reasons for the denial and require the foreign national to leave the United States within (30 or 33 days). This notice also informs the foreign nationals of her right to appeal within 30 days of the decision (33 days if the decision was mailed). Continue reading

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How to obtain US citizenship for a child born outside the US and living permanently abroad

Under present law a child born abroad to only one parent who is U.S. citizen parent, and the other parent a foreign national, does not get U.S. citizenship at birth unless the citizen parent meet a specific U.S. physical presence requirement. Before the child was born, the citizen parent must have lived in the United States for a total period of at least five years with two of those years being after the citizen parent was 14 years old.

For a citizen parent that does not meet this physical presence requirement there is an alternative of expedited naturalization.

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Backdating passport stamps

Non-US passport holders (holders of green cards and non-immigrant visas) who illegally “backdate” or “back-stamp” their foreign passports to forge their actual physical presence in the United States are subject to removal and cancellation of their US visas.

The illegal practice of backdating arises because visitors who spend too much time in the States may be thought of as having immigrant intent, and permanent residents who spend too much time outside the U.S. may be deemed to have abandoned their U.S. Permanent Resident status.

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B2 visa extension of stay

I came to the US from Jamaica on a visitor visa to spend some time with my daughter and see my grandchildren. Three months ago month my daughter slipped on ice and broke her leg and now she relies on me to move around and accompany her when she goes out. The doctor treating my daughter said her leg will take two more months to heal but only one month remains on my I-94 form.

How do I extend my stay in the United States?

To maintain your non immigrant status you must file an application for extension of stay before your current period of authorized stay, on your I-94, expires. It is important that you file immediately. If you fail to apply for an extension before your current authorized stay expires, in the future you could be denied readmission into the United States or a green card.

The application process to extend your stay depends on the type of non-immigrant status that you have. In your case because you have B2 non-immigrant status you must use USCIS Form I-539 with the required fee and supporting evidence. The application must be made to the USCIS service center with jurisdiction for your area.

Required documentation

Original or Photocopy (front and back) of your I-94 Arrival-Departure document. If your I-94 is lost you must file and submit USCIS Form I-102 with the appropriate fee together with Form I-539.
Photocopy of your passport showing that it is valid for the period of your intended stay.
Written statement/letter

You must also submit a written statement explaining in detail;

The reason for the extension,
Departure arrangements, and
Any effect the extension would have on your permanent residence and employment in Jamaica.
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How to obtain a B1 B2 Visa

The B1 B2 Visa is a non-immigrant or visitor visa to enter the US for a limited time for business (b1 visa) and pleasure (b-2 visa) . Applicants for this visa must complete visa application Form DS-160 online, pay the visa application processing fee and schedule an interview appointment.

The B1 B2 Visa Requirements

The requirements that the US Consular official will assess in determining your eligibility for a B1 B2 visa are:

1. You must live in a foreign country which you do not intend to abandon.
2. You must intend to enter the US for a limited time, and
3. You must also show that your sole purpose in visiting the US is for lawful business or pleasure.

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