Skip to main content

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

+ Read More

Attorney answers 3

Posted

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 www.immigrate2usa.com 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 nfleischer@immigrate2usa.com Enjoy our Blog at http://immigrate2usa.blogspot.com/

Gregory Patrick Sheehan

Gregory Patrick Sheehan

Posted

Neil I think these questions are pretty specific, but its not a question of whether or not an appeal can be made. As an attorney, are you unable to answer these questions? I'm having a hard time myself. There's a second question also.

Neil Ian Fleischer

Neil Ian Fleischer

Posted

If you are an attorney posting questions on AVVO, please contact me off this forum

Gregory Patrick Sheehan

Gregory Patrick Sheehan

Posted

I'll consider it, I've posted questions here in different areas of law before and many people post answers just to get the points without actually answering the question. Forgive me if I re-post again.

Neil Ian Fleischer

Neil Ian Fleischer

Posted

Ok then . TO answer your question the filing of a motion to reconsider does not TOLL the accrual of unlawful presence which will begin on the day after expiration of an I-94. 8 CFR 103.5(a)(iv) Further a denial of extension of status can't be appeal 8 CFR 214.1(c)(5) So if he/she leaves US it depends if they accrue unlawful presence if they can return. If they go to the border in Mexico and try to re-enter on VT, it is the discretion of the CBP officer to let hem in. Of course they must show non-immigrant intent and show they are not working in the US. Technically they can try to re-enter, whether they are let it back in.. depends on the officer/

Posted

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

Posted

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.