Legal Question in Immigration Law in Florida

My application of extension of stay as non-immigrant (visitor) is still pending. I'm running out of time, the date (shown on my I-94)when I have to leave the country is in 10 days and there is still no answer! Should I wait for an answer from immig. agencies even if I will be overstaying and will violate the date on my I-94 or should I leave? What if the answer will be negative and I'm not getting extension of stay and while waiting for this answer my I-94 became invalid because I didn't leave country? What should I do, wait or leave? And how quickly I have to leave if the answer was negative? I have never violated my stay in US and I don't want to violate it now.


Asked on 12/30/09, 7:45 pm

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

The answer to your question really depends on whether you filed a frivolous or non-frivolous extension. If it is deemed frivolous by USCIS, then you may accrue unlawful presence (ULP) when your I-94 expires. If non-frivolous, then you would only accrue ULP upon the date of the decision -- or later, if the extension of for beyond that day.

Usually, when extensions take a while, USCIS will extend it for one day past the date of the approval.

But an attorney would have to review what you filed to determine the merits of your case, or to advise you whether you should go now or if you could stay.

Should you wish to have a consultation at our offices in Miami, FL, please contact me for more information.

Sincerely,

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Answered on 1/05/10, 7:07 am


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