Legal Question in Immigration Law in Florida

I have filed for the extension of stay (non-immigrant, extension of I-94 date) and haven't received any answer. I'm running out of time. Should I anyway leave on this date indicated in I-94 form and come back and wait for answer or should I wait for an answer without leaving, even if I will violate the date on existing I-94?


Asked on 12/25/09, 10:33 am

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

It's not clear what you applied for: extension of what visa or status?

General rule is if a person departs the USA while an application for an extension of a non-immigrant status (B1, B2, J1) is pending, it becomes invalid. If a person leaves and then comes back, it will be a new admission / reentry.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice. This response doesn�t create an attorney-client relationship. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 12/30/09, 1:15 pm
Michael Harris Law Offices of Kravitz and Guerra, P.A.

While more information is needed, such as what category of nonimmigration status you sought to extend, there are some general things that you should know. If your request to extend your status was filed timely and was non-frivolous (a legal term which must be interpreted by a lawyer), then you may be permitted to stay here while the application or petition is pending. In most cases, if the extension is denied but the filing was timely and non-frivolous, then you may only be accruing what's called Unlawful Presence on the date of the denial.

To better understand, I recommend scheduling an appointment with a qualified immigration attorney. If you would like to visit my office in Miami, FL, please review my credentials for more information.

Sincerely,

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Answered on 12/31/09, 11:46 am


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