B1 to TD

B

BuildGC

New Member
Hello, My wife is applying for a TD Visa with a I-539 form, cause she’s already here (in the US) on a B2 Visa. She will send the documents to USCIS on Monday 1/28/19. By that time she will have only 3 weeks left or her B2 Visa to finish. Is it liable that she applies under that condition? What happens if she doesn’t receive (during that time) the permit and her B2 Expires?

Thank you for your help!
 
She certainly won’t have a decision in 3 weeks, it takes months rather than weeks. She will be ok to stay (not accrue illegal presence) but she won’t actually have a status once her i539 is received, and after her current i94 expires. If she is approved eventually, shes fine. If for whatever reason her application is denied however, her B visa will be revoked and her overstay will backdate to the original expiry on her I94, so be aware of these risks.
 
She'd be better of applying for a TD visa from outside the US. Is she an Indian national? Change of status from a B2 is frowned up and risky, not to mention lengthy.
 
Thank you both! She is a Mexican national. I have a valid TN - I have heard it is safer to apply outside the US and in Mexico at a consulate.
 
BuildGC said:
Thank you both! She is a Mexican national. I have a valid TN - I have heard it is safer to apply outside the US and in Mexico at a consulate.
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Yes, it would probably be both much, faster and safer (less risk of getting her b visa revoked) than doing a CoS inside the US. Glad it’s an option!
 
Just to clarify, illegal presence would NOT be back dated. The reference in the I539 pamphlet does not state this. It merely says the failed petitioner would need to leave immediately. This is when illegal presence would commence.
 
There would be no illegal presence but there would still be “overstay” and consequently an immediate voiding of the existing B visa, as well as restrictions on where to apply for any new ones. And the answer to the question “did you ever overstay” on any new NIV applications would have to be “yes”. So it is still a serious consequence.
 
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