This article was last updated and fact checked on June 26, 2022 by Mani Karthik.
The Extend Your Stay section of the USCIS website says that an individual who overstays their visa duration may be deported or barred from returning to the United Stated in future. So, it becomes very important to know what to do if your visit visa extension request is rejected.
In this article...
Reasons for Denial of Visa Extension
Although it is important to know the required actions after denial of visit visa extension, you should understand the reasons for denial as well. The top 3 reasons for extension denial are:
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Late Filing
If your application does not reach the USCIS before your current visa expires, your request for extension is likely to be rejected. So, it is best to mail the application well in time and via a courier that provides tracking facilities. In this way, you will be able to confirm delivery.
Inadequate Proof of Nature of Trip
The USCIS requires substantial proof that your US trip is temporary and that you will leave the country after the end of the requested extension period. If they don’t see proper arrangements for your return to your home country, they are likely to deny the extension.
Inadequate Proof of Financial Ability
Being a visitor, you cannot legally work in the United States. To ensure this, USCIS will analyze whether you have sufficient funds to last through remainder of your stay in the country. If you are unable to furnish proof about financial stability, they are likely to deny your application.
Different Cases under Visa Extension Denial
Once you know the reason for and timing of denial of visa extension, you can take action accordingly. Here’s a look.
Rejection Before I-94 Date
You will face no consequences and can leave the US before the expiration date mentioned in your current I-94 form.
Rejection After I-94 Date
You are considered to have legal status if you have filed the application before the expiry of your current I-94 form, or if your application is pending. But when you are in the US after the denial of your application and beyond the I-94 date, your legal status is immediately revoked. This means you need to leave the country ASAP.
Grace Period for Exiting the Country
The USCIS might give you a grace period within which to leave the US, such as a duration of 30 days from the date of rejection of the application. In case you fail to leave the country within this window, you are likely to face consequences, such as deportation and even ban on re-entry.
But, remember that this grace period is not for every applicant. For applicants not receiving this facility, staying in the US beyond the expiry of your I-94 form is unauthorized.
Documents You Need to Send
Once you are notified of the denial of your extension request, you need to send the following documents to the USCIS, when you exit the country:
- Original Extension Denial Letter
- A letter mentioning that you overstayed, since you were awaiting the decision on your extension application
- A copy of the biographical page of your passport
- A copy of the page with the entry stamp given by your home country
- Original Boarding Pass
You should carry copies of all the above-mentioned documents on your next trip to the US. Keep in mind that you cannot appeal this denial of extension. The decision of the USCIS cannot be overturned by anyone, not even someone working for the US government.
