My spouse I-539 was denied and the letter reads as follows.
This Notice refere to your form I-539, Application to Extend/Change Nonimmigrant status filed with this
ofice on April 18, 2003. Upon consideration, it is orderd that your aplication be denied for the following reson(s).
Title 8, Code of Federal Regulations, Part 214.1(c) states, in pertinent part :
(4) Timley filling and maintenance of status. An extension of status may not be approved for an
applicant who failed to maintain the previously accorded status or where such status expired before
the application or petition was filed, except that failure to file before the period of previously authorized status
expired may be excused in the discretion of the service and without separate application, with any extension granted
from the date the previously authorized stay expired, where it is demonistrated at the time of filing that :
(i) The delay was due to extraordinary circumstances beyond the control of applicant or petitioner,
and the Service find the delay commensurate with the circumstances;
(ii) The alient has not otherwise violated his or her nonimmigrant status;
(iii) The alien remains a bona fied nonimmigrant; and
(iv) The alien is not the subject of deportation proceedings under section 242 of the Act
(Prior to April 1,1997) or removal proceedings under section 240 of the Act.
You have failed to maintain the status previously accorded because yoyr authorized period of stay
expired on December 13,2001, which was one year,four months, and fife days prior to the filing of this
application. Furthermore, it has not been demonistrated that the delay in submitting this request for an extension of stay
was due to extraordinary circumstances beyond your control. Therefore, your application must be and is hereby
denied. There is no appeal from this decision.
You are required to depart the United States.
-------****------------------------------------
FYI, We have applied 485 usning 245(i) and it is under process.
Q 1: I just want to reopen the case again with another lawyer and need your suggetion for chances and about good lawyers.
Q 2: Does any one out there who got their I-94 renewd in second time appeal?
Q3: For this type of case, can I re appeal?.
I really appreciate your advise or suggetions.
Thansk.
This Notice refere to your form I-539, Application to Extend/Change Nonimmigrant status filed with this
ofice on April 18, 2003. Upon consideration, it is orderd that your aplication be denied for the following reson(s).
Title 8, Code of Federal Regulations, Part 214.1(c) states, in pertinent part :
(4) Timley filling and maintenance of status. An extension of status may not be approved for an
applicant who failed to maintain the previously accorded status or where such status expired before
the application or petition was filed, except that failure to file before the period of previously authorized status
expired may be excused in the discretion of the service and without separate application, with any extension granted
from the date the previously authorized stay expired, where it is demonistrated at the time of filing that :
(i) The delay was due to extraordinary circumstances beyond the control of applicant or petitioner,
and the Service find the delay commensurate with the circumstances;
(ii) The alient has not otherwise violated his or her nonimmigrant status;
(iii) The alien remains a bona fied nonimmigrant; and
(iv) The alien is not the subject of deportation proceedings under section 242 of the Act
(Prior to April 1,1997) or removal proceedings under section 240 of the Act.
You have failed to maintain the status previously accorded because yoyr authorized period of stay
expired on December 13,2001, which was one year,four months, and fife days prior to the filing of this
application. Furthermore, it has not been demonistrated that the delay in submitting this request for an extension of stay
was due to extraordinary circumstances beyond your control. Therefore, your application must be and is hereby
denied. There is no appeal from this decision.
You are required to depart the United States.
-------****------------------------------------
FYI, We have applied 485 usning 245(i) and it is under process.
Q 1: I just want to reopen the case again with another lawyer and need your suggetion for chances and about good lawyers.
Q 2: Does any one out there who got their I-94 renewd in second time appeal?
Q3: For this type of case, can I re appeal?.
I really appreciate your advise or suggetions.
Thansk.