Denied Notice for B-2 Extension
To whom it may concern:
I have been in the USA for 2 years. My first year I spent under the J1 status, and at least one year in my current status B2. After trying to aply for the third extension in B2, I got a denied notice last week where the USCIS said I failed to establish a departure time from the US, I failed to establish that the purpose for which I was admitted has not been accomplished and that my requested extension is not merely an attempt to prolong my stay indefinitely. In addition the USCIS considered one year in B2 status a sufficient amount of time to pursue tourist activities. They give me the options to submit to a Motion to Reopen or a Motion to Reconsider within 33 days from the date of the notice. I would like to know what do you recommend for me, and if I will not submit for these motions, what are you going to be the consequences?
I look forward to receiving your reply.
Re: Denied Notice for B-2 Extension
I recommend respecting the rulings of the USCIS, following proper procedures for seeking reconsideration, and not overstaying your visa.
If you overstay, you will become ineligible for visa waiver (assuming you otherwise qualify), you risk having trouble when you next try to enter the U.S., and after 90 days you incur a period of ineligibility during which you cannot enter the U.S. You also risk being located, picked up and deported.
Re: Denied Notice for B-2 Extension