Job Recruitment Website - Immigration policy - What should I do if my visa extension is refused?
What should I do if my visa extension is refused?
If you leave the United States before the due date, it doesn't matter whether the extension application is approved, rejected or pending. Simply put, your application status does not affect your previous legal status, and you will not have to wait or use it just because you submitted your application. For example, if your legal stay period is June 1, then the following three situations and choices are legal without any consequences.
1. The Immigration Bureau approved your application at the end of May, but you left the United States because you changed your plan.
The Immigration Bureau rejected your application at the end of May, and you left the United States before June 1.
By the end of May, your application was still pending, and you didn't want to take risks, so you chose to leave the United States before June 1.
The work visa can be overdue for 240 days after extension.
The application for extension shall be submitted before the legal status expires; Take B 1/B2 as an example, the suggestion of USICS is at least 45 days in advance.
After receiving your application, the Immigration Bureau will send you a receipt by email. With this receipt, if your application is still being processed when your legal status expires, you can continue to live legally. For the B 1/B2 visa, you can stay until the immigration office has processed it, usually about 2 months.
E/H/L and other work visas, if the application is still being processed, you can continue to work for up to 240 days after the legal status expires. Overstaying visas will automatically expire.
If the extension is refused, but you leave the United States as scheduled, someone has already said: it doesn't matter. On the other hand, if your legal status expires and your application for extension is still being processed and finally rejected, it will be more troublesome:
1. From the date when your legal status expires, every day you stay is overstaying. For example, your legal status expires in June 1, but USCIS refused your application until June 15, and you have overstayed every day since June 1.
Because your legal status has expired, you need to leave the United States at once. Generally speaking, after receiving the letter, book the air ticket and arrange the itinerary as soon as possible, and the stay time should not exceed 2 weeks.
Because of overstaying, your visa will automatically expire. Even if you had a multiple-entry visa for 10 years before, you need to apply again when you come to the United States next year.
Because there is a record of your overstaying in the system, you probably can't avoid the interview, so you have to go to the consulate for an interview. You should keep the receipt and refusal letter you got when you applied for extension to prove that your overstaying is legal. If you can't explain why you overstayed in the United States, it may be difficult for you to apply for a visa in the future.
If your application was rejected and you stayed in the United States for many days, you may need to explain to the visa officer why you stayed in the United States instead of leaving immediately.
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