We have a B1/B2 visa with I-94 valid through 02/13/13. Decision is still pending, do we have to leave before i-94 expires?

Asked over 1 year ago - Fort Worth, TX

We filed for extension more than 45 days before expiry of I-94, but stil haven't heard back except the confirmation letter that they received our file. Can we continue our stay or do we need to leave before the i-94 expires?

Attorney answers (2)

  1. Dean P Murray

    Contributor Level 18


    Lawyer agrees

    Answered . This is a perfect example of why you should have used an immigration lawyer from the very beginning. Generally, you will not begin to accrue any unlawful presence while you a non-frivolous application to extend status is pending. Whether your request is non-frivolous needs to be deteremined by consulting with a lawyer. So your options at this stage are to consult an immigration lawyer (who will, unfortunately, not have the benefit of filing a strong initial application to extend status) or to simply leave the country as a precautionary measure.

    If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  2. J Charles Ferrari

    Contributor Level 20

    Answered . I agree with my colleague.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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