Overstaying on B-2 while I-539 is pending

[rkhurana000]

Hi,

Date Applied : August-16
I-94 expires : October-3
Visa : B-2 multiple entry 10 year visa (expires 2010)

INS is taking 90-120 days to process I-539 which means that before I know their decision, I-94 will have expired. Is it safe to stay until the decision is made? Would she have any problems in coming back in future?

-Rajeev

 

[ma21]

Hi,

Date Applied : August-16
I-94 expires : October-3
Visa : B-2 multiple entry 10 year visa (expires 2010)

INS is taking 90-120 days to process I-539 which means that before I know their decision, I-94 will have expired. Is it safe to stay until the decision is made? Would she have any problems in coming back in future?

-Rajeev

By applying for a non-frivilous extension, you automatically get a 240 day extenstion. If you extension is denied, then you will have to leave quickly.

 

[great guru]

Hi,

Date Applied : August-16
I-94 expires : October-3
Visa : B-2 multiple entry 10 year visa (expires 2010)

INS is taking 90-120 days to process I-539 which means that before I know their decision, I-94 will have expired. Is it safe to stay until the decision is made? Would she have any problems in coming back in future?

-Rajeev

You are at risk? When / How?

Your out of status start from Oct 3, 2005.
(Worst Scenario)
Suppose your extn is denied on April 5, 2006, (until then you are waiting for your approval) you are overstayed 180 days and you will be barred for 10 yrs to enter in to US.

 

[ma21]

You are at risk? When / How?

Your out of status start from Oct 3, 2005.
(Worst Scenario)
Suppose your extn is denied on April 5, 2006, (until then you are waiting for your approval) you are overstayed 180 days and you will be barred for 10 yrs to enter in to US.

Hmmm... Not quite true. Check out http://www.shusterman.com/up-eos.html

way of background, section 212(a)(9)(B)(ii) of the Act states that an alien who is present in the United States without admission or parole, or who remains in the United States beyond the period of stay authorized by the Attorney General, accrues unlawful presence towards the 3 and 10 year bars under section 212(a)(9)(B)(i)(I) and (II) of the Act. Section 212(a)(9)(B)(iv) of the Act is a tolling provision that covers certain nonimmigrants. If an alien has timely filed a nonfrivolous application for E/S or C/S, the first 120 days of unlawful presence are not counted towards the 3 year bar under section 212(a)(9)(B)(i) of the Act. Section 212(a)(9)(B)(iv) of the Act further states that the alien must have been lawfully admitted or paroled into the United States, and must not have been employed without authorization before the E/S or C/S application was filed or while it was pending

Also, if your application is denied you have 10 days to leave the country.
I dont have the uscis link, you can check out their operating instructions if you want,.

The most important thing is that the application must be non-frivious and must have a basis in law and fact. If that is not the case, then what Mr. Great Guru states would apply