Legal Question in Immigration Law in California

Extension of stay.....visa question

I arrived in the USA with a 6 months B 2 visa...after about 5 months I applied for an extension. I got the approval notice after about 10 months. My visa is now valid through 10/28/2000, so it expired already.

What would be the best thing for me to do??

Should I apply for another extension?

Is it true that you have to leave the US after one year of stay?

If yes, do I have to leave now?

Would that be a problem because I don't have a valid visa??

I really appreciate your help.

Thanks for your advice.

Sincerely,

Nicole Poll


Asked on 3/08/01, 9:08 pm

1 Answer from Attorneys

Vivian Szawarc Law Offices of Vivian N. Szawarc

Re: Extension of stay.....visa question

I know it does not sound fair, but yes, you are out of status and have been since October of 2000. You have already accumulated 6 months of ilegal stay and that could carry a penalty of 3 years abroad before you are allowed back in. Otherwise, if you exceed 365 days, the penalty is 10 years. Keep all your records from the extension request and the notice of approval just in case.

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Answered on 5/17/01, 5:24 pm


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