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

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 !

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Attorney answers 4

Best Answer
Posted

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.

Posted

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 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.

Posted

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, Suite 707 San Francisco, CA 94104

Posted

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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.