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Immigration procedure, (AAO) - Can I overstay while my Motion for Reconsideration is being reviewed?

San Antonio, TX |

1. Because of the overstay while the motion is pending, when I try to re-enter in the future could I be denied entry?

2. I'm from Europe but we are currently in Texas. Can I go to the Mexican border to update my status or do I have to return to my specific to do so? - Entered on WT

Attorney Answers 3

  1. I believe you asked this yesterday. If you applies for a change of status, you will be wasting your time appealing a denial.. there is no change of status for those who enter visa waiver . YOu will want to consult an attorney who can advise you on unlawful presence and the LACK of tolling time and the effect it will have on re-entry

    Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at

  2. Your question is very specific, it will be in your best interest to personally review the facts with an experienced immigration attorney

  3. By entering WT, you gave up the ability to change or extend your status in the US. The denial you received is correct as a matter of law. You will gain absolutely nothing by filing a motion or appeal. You will, on the other hand, lose the ability to return to the US for at least three years, if not ten years, if you continue to stay in the US. The three year bar will apply once you have been in the US for 180 days from the date your I-94 expired.

    If your I94 has already expired, you are no longer eligible for WT and will need to return to your home country to obtain a B-1/B-2 visa. Your overstay will make that difficult.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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