Should I withdraw an Application for extension of a B-2 Visitor Visa since the Applicant has since departed?
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In this situation, the applicant left the U.S. prior to the original expiration of the I-94 and so, the request for extension is moot. However, there is no way of withdrawing an application once it is filed. You could, however, notify the USCIS of the departure and attach a copy of the stamp on the passport showing arrival abroad.
The USCIS will then confirm receipt of this letter and cancel the pending application for extension.
I am planning on studying in the US after arriving on a B2. How hard/easy is the change of status?
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There should be no problem with the change of status per se. But, where a person obtains a B-2 and/or enters on a B-2 claiming to be a tourist, and within 30 days of visa issuance or entry actively begins seeking employment or admission in a school, s/he may be presumed to have misrepresented his or her intention in seeking a visa or entry and his/her subsequent petition for change of status denied.
What can we do when a visitor's visa is denied?
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- Consular Officers should not refuse visa applicants on substantive grounds without first giving the applicant an opportunity to be interviewed in person
- When refusing a visa application, consular officers should inform the applicant of the section of the law under which the visa was refused, as well as the underlying factual basis for the refusal, unless the facts are classified
- When the refusal is based on substantive grounds (i.e., other than 221(g), the explanation should be provided in writing.
Should I have my parents wait to apply for a visa while my extension is being processed?
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In this case, the Consulate would be concerned with two things: (1) the nonimmigrant intent of your parents when applying for a visa to visit the U.S. (ii) your ability to support them while they are here.
It is important to address both when applying for a visitor's visa. It would certainly help to have an approved extension documenting your ability to stay and work in the U.S.