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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?

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?

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Attorney answers 2


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 on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual.


I agree with my colleague.

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. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.