Is it legal to overstay if you havent received B-2 Extension Approval !

[svtech02]

Hello Everyone,

I have applied for the B-2 extension for my mother. Her I-94 expires on June 9'th 2004. We applied for her visa extension on May 6'th and have received the receipt from INS-Texas on May 11'th, 2004. When I checked for her status online, I came to know that its taking 140-200 days to get any decision on the B2 Extension.
I have following quick questions:
1. Is she legaly allowed to overstay beyond the June 9'th I-94 expiration if we dont get decision from Texas service center
2. If she overstays and the extension is denied, will she be able to visit back to US in future

I would really appreciate your kind feedback or similar experience. Thanks for your prompt help,

Sam...

 

[Eszter]

1. yes, as long as her case is in process, she is in status.

2. yes, she should be fine returning.

 

[svtech02]

Thanks Eszter for your prompt reply !

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1. yes, as long as her case is in process, she is in status.

2. yes, she should be fine returning.

 

[gc80]

1. Yes, as long as a decsion has not been made.
2. Yes. If the request is denied then she has to leave the country asap. Make sure you retain the original extension receipt along with the passport and present it next time at the port of entry to avoid any problems.