Legal Question in Immigration Law in California

Re: Did I ''overstayed''?

Can you be a little more specific about the exact dates?

Re: Did I ''overstayed''?

No, you didn't overstay because the I-129 was filed and received by INS on 1/17/01, which was before expiration of authorized stay on the B-2 (1/25/01. In any event, overstaying less than six months doesn't make you exposed to the 3-year bar when you come back on advanced parole.

Liem Doan, Esq.

Re: Did I ''overstayed''?

From the information you have provided, it sounds as if you applied to change your nonimmigrant status before the expiration date on your I-94. If you apply for a change of nonimmigrant status before your prior status expires, then you don't overstay. You essentially receive time to allow INS to process your application.

If INS denies your application then you are in unlawful presence. If your application is approved, then you have maintained continuous lawful presence, and don't have a problem regarding inadmissible for having been in unlawful presence. Also, by getting advance parole prior to a departure you preserve the adjustment of status application, so it sounds like you've done the right things based on what you've stated.

Best wishes.