Since you haven’t provided any detail about your specific situation and your question is of a general nature so to say, it is hard to narrow down the response in this case, so my response is going to be of a general nature too. My guess is you’re referring to the
No Fault Provision exemption clause, specifically the
Technical Violation Resulting from Inaction of USCIS which says:
One example of the phrase “a technical violation resulting from the inaction of USCIS” is where an applicant ceases to have a lawful status because USCIS failed to adjudicate a properly and timely filed request to extend or change nonimmigrant status.
Since the IO can already verify a technical violation resulting from USCIS inaction or oversight through review of USCIS systems and the Record of Proceeding prior to your interview, you’ll need to be able to convincingly demonstrate one of the following to the IO in order for that clause to apply:
- The applicant properly filed an application to extend or change nonimmigrant status prior to the expiration date of his or her nonimmigrant status;
- The applicant was a bona fide nonimmigrant at the time of filing his or her application to extend or change nonimmigrant status, which includes establishing intent consistent with the terms and conditions of the nonimmigrant status sought;
- The applicant filed an application to extend or change nonimmigrant status that was meritorious in fact, not frivolous or fraudulent, or otherwise designed to delay removal or departure from the United States;
- The applicant has not otherwise violated his or her nonimmigrant status;
- The applicant remained a bona fide nonimmigrant until the time he or she properly filed an adjustment application; and
- The applicant is not in removal proceedings.
