My extension of status was denied. Is my visa still valid?

QUESTION: My dad has a B-2 visitor visa that is valid for 10 years. He received the visa in 2015. He came to visit me and was allowed to stay for 6 months. But before the end of the 6 months he applied for an extension, asking to be able to stay for another 6 months. The application for the extension was denied and he went back to Morocco after we received the denial. Now I want him to come back to USA. Will he have trouble coming to the US on his visa?

THE IMMIGRATION ANSWER MAN – ARI SAUER: Unfortunately, under INA Section 222(g), if someone stays in the US past the expiration date on their I-94, their visa automatically becomes revoked. Where a timely and nonfrivolous application for extension of status or change of status is filed, the applicant will be considered to be in an authorized period of stay while the application is pending, and therefore a Section 222(g) revocation of the visa would not be triggered while the application is pending. However, where the application is denied, the authorized period of stay ends on the day of the denial. Therefore, if the application for extension of status or change of status is denied after the expiration date on the original I-94, and the applicant does not leave the US until after the application for extension of status or change of status is denied, then Section 222(g) applies. The person’s visa is automatically revoked. In such a situation, the person is required to apply for, and obtain, a new visa at the US consular post abroad before they can return to the US. Also, in such a situation, if the person remained in the US 180 days or more past the date that their application for extension of status or change of status was denied, they may be subject to a 3-year bar from being able to obtain a new visa under INA Section 212(a)(9)(B) (it would be a 10-year bar if they stayed in the US 365 days beyond the date of the denial).

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Published 12/18/17 by attorney Ari Sauer.

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Submit questions to Ari Sauer – The Immigration Answer Man by emailing your question to immigrationanswerman@gmail.com. Questions submitted by email may be posted on this site, without personal information, unless the email specifically requests that we not use the question for this site. Due to the volume of questions received, not all questions submitted will be answered. Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation appointment with attorney Ari Sauer. Sending in a question by email or any other means does not create an attorney-client relationship. * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not be current or apply to your particular situation. Readers are cautioned to schedule a consultation with an immigration lawyer rather than relying on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.