I am on a tourist visa ended dated May 1 and i want to change status while in united states while its pending im still legal status, what if my application denied and past i94 is my b2 is void? and if extention? its also void?
If your I-539 Application for a Change of Status or an Extension of Status is denied by the USCIS on a date beyond the current expiration date of your period of admission into the United States you will be out of status (unlawfully present in the U.S.). Please schedule a consultation with an immigration lawyer for additional information and assistance.
This information does not establish an attorney-client relationship or any responsibility or liability on the part of the attorney for actions taken by the recipient arising from having read this information. The recipient of the information is advised to contact an experienced attorney for a formal consultation regarding this matter.
Should your application to either change or extend status were to be denied by USCIS after the expiration date of your I-94, you will then be deemed to be "out of status" and accruing "unlawful presence" retroactively, as of the date of expiration of your I-94.
Such a denial of either COS and/or EOS will have the legal effect of voiding your B-2 visa stamp in the passport and make it impossible for you to come back to the USA on that visa.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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