B2 extension After responding to RFE? Can my 5 years old leave the U.S and apply for F2 Dependent at US consulate in India. While his b2 visa is still pending status at USCIS. Please advise
What did the RFE ask for? This will impact on the F-2.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
once he leaves, the request for extension will be deemed abandoned.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
The B2 extension will be considered abandoned. Since the child is under 18 the child does not accumulate unlawful presence and there is no bar to applying for new visa. The reasons for the overstay and the request for evidence may have impact.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline