Legal Question in Immigration Law in Florida

I 130 petition files

I entered US in February 2007 and was given a six months stay in US - B2 visa. While in the US, I applied for an extension before my I -94 date expired and recieved a denial within 2 month. I left US within 30 days as mentioned in the denial letter.

My wife's sister has filed I 130 petition for her & myself in oct 2008 under brother/sister category. Will my 2 months overstay due to the pending extension be a problem when our call comes to immigrate to US?


Asked on 2/28/09, 6:22 am

1 Answer from Attorneys
Michael Harris Law Offices of Kravitz and Guerra, P.A.

Re: I 130 petition files

Legally it is not supposed to because you left prior to accumulating 180 days of unlawful presence. However, since the consulate has discretion to deny you, they could also inquire to ask if you were working while you were in legal status. If you were, then you will have fallen out of status sooner than your expiration date. Should you be barred from re-entering, you will need a waiver.

You do realize that you are in the 4th Preference Family Category? Under this category, it will be at least 10 years (or longer depending on where you live) before an immigrant visa is available to both of you.

Should you need further help, please contact a reputable law firm for assistance (note: that most out-of-state attorneys can legally help you because we are permitted to practice federal immigration law outside of our state of jurisdiction).

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Answered on 3/02/09, 11:10 am


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