What should I do if USCIS hasn't answered an application to extend my immigration status and I - 94 is about to expire ?

Asked over 1 year ago - Dallas, TX

I came to the US following my fiancée who's on a J visa for 2 years with a 1 / 2 visa and my allowed period for the I94 ends on Feb 27th . Following USCIS instructions , I applied for an extension of my status on Jan 14th ( they say to apply within 30 to 45 days prior to the expiration date ) , but I haven't received any answer so far . What should I do if this remains the same on the expiration date ? Can I stay in the US until USCIS decides or should I leave the country and re - enter no matter what ? Is it there any kind of special period between the expiration date and the decision date in which I could stay ? Thank you !

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    16

    Lawyers agree

    1

    Answered . I agree with my colleague.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Irene Vaisman

    Contributor Level 20

    9

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    chosen by asker

    Answered . you are allowed to remain here waiting the adjudication

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  3. J Charles Ferrari

    Contributor Level 20

    5

    Lawyers agree

    Answered . Option 1: Stay in the US while waiting for USCIS to make a decision.
    Option 2: Abandon the application and leave the US.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Samuel Patrick Ouya Maina

    Contributor Level 19

    4

    Lawyers agree

    Answered . I agree with my colleague

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

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