Legal Question in Immigration Law in Minnesota

Ins - case pending...Too long....How do i get them to respond
Hello!I was on a j1 visa for 5 months. Before it expired i applied for a tourist extension for 6 more months. I got the receipt that my case will be reviewed in 180 days and then...Nothing happened....Calling didn't work....It's been a year. I need to go back to school in my home country , but i don't want to leave without proper documentation -eg unexpired i94 card. I believe u know what will happpen - ''difficulties'' to ever come back...How can i have them finally resolve my case? Most of my friends got their extensions more or less in time/in 5-8 months/. I think they just forgot about mine....Or is it lost???? Don't know
please tell me how i can fix that...I don't want to ''blacken'' my visa record....I haven't done anything wrong....
Tahnk you very much

Asked on 9/02/04, 6:27 pm

2 Answers from Attorneys

Jacob Sapochnick

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Re: Ins - case pending...Too long....How do i get them to respond

Hi,

It can happen that extension of stay will take too long to process. The fact that you had a receipt of a case pending made you legal for the period that your case was pending, but not more than 180 days. After all the extyension is only good for 180 days.

What needs to be done now is to check when is the date that you would have left had your extension been granted. That is the last date that you can stay in the US.

An experienced attorney can review all records filed and advice you when you should have left and what can be done next. For example, find other visa options for you to stay. In any case you need to act fast to avoid any overstay issues coming back at you in the future.

Jacob

Answered on 9/02/04, 6:43 pm

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Myron Morales Lee Lane Smith LLP

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Re: Ins - case pending...Too long....How do i get them to respond

You may have already triggered the ten year bar to admission and may need a waiver of inadmissibilty if you were to try to reenter. The status you speak of only applies to an extension of a nonimmigrant status that you are currently in. Had you tried to extend the J-1, then you would have been in a stay authorized by the government. It appears that you were attempting to change to a different status, not extend the status. If I am missing a fact, please let me know.

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Answered on 9/02/04, 9:29 pm

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