Legal Question in Immigration Law in New York

Immigration Woes - Extension of B2 Visa

I enter US more than a year ago for vacation as well as searching for a university to continue my education. My I94 was for 6 months. Before the expiry date, I've used an agency that provide immigration services to apply for extension.

I've just received the answer from them few days ago. The application was rejected. I was given 30 days to leave the country. The letter was dated February 09, which is more than 30 days ago. Envelope state that it was sent out in February.

I do not want to overstay since I've applied to further my studies here but I'm already overstaying since I receive the letter late.

Please advise on what can I do.

1. Can I appeal to USCIS?

2. Can I sue the agency that provide the service?

I would like to thank you in advance for your advice.


Asked on 3/28/09, 2:51 am

2 Answers from Attorneys
Anthony Siliato Meyner and Landis LLP

Re: Immigration Woes - Extension of B2 Visa

Given the recent trend in immigration adjudications, it is not uncommon to have a B-2 extension request denied. I strongly recommend that you consult with competent immigration counsel to discuss your options in detail.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com

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Answered on 3/28/09, 10:55 am
Rachel Baskin Rachel Baskin, Attorney at Law

Re: Immigration Woes - Extension of B2 Visa

You should contact an immigration attorney immediately to discuss what you need to do to either remain in the US and to ensure that you do not accrue unlawful presence while you are here. With regards to an appeal, an attorney will be able to discuss the matter in detail with you. With regards to your concerns with the agency, an attorney will be able to advise you of your rights if they were engage in the unauthrozied practice of law.

The most important thing though is that you speak with someone to ensure that you do not violate any immigration laws that would prevent your ability to travel to and/or stay in the US in the future.

Please note that the content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

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Answered on 3/28/09, 1:43 pm


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