B2 - POE Issue - Overstay question during COVID

USA B1/ B2 Visitor Visa
1

Hello Community Members,

Appreciate your inputs for B2 VISA - Port of entry question

In our case, my in-laws came to the USA during COVID lockdown and they have stayed here for a total of 17 months in the USA.

Total Stay (17 months) = 6 months (I-94) + 6 months (1st extension) + 5 months (correspondence letter to 1st extension)

We have applied for an extension during the 5th month with USCIS and done with biometrics before they leave & we did not submit for 2nd extension as the 1st extension case is pending with USCIS but we have sent a correspondence letter with return flight itinerary to the first case and requesting them to grant until their departure date (17th month).

They left the country while the case is still pending & recently the 1st extension case got approved for only 6 months from the initial i-94 exp date. So we are not sure if the last 5 months of stay will come under over stay and will they be stopped at the Port of entry during the next visit even if they have valid B2 VISA ?

Please provide your inputs for the people who are in the same boat during COVID lockdown?

Thanks !!

2

Ideally you should have filed for 2nd extension along with a cover letter that the first is pending. Unless you have a pending extension (during which you are considered in authorized period of stay) your presence may be considered unauthorized/overstay.