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Will my B2 Visa Extension RFE delay my case processing?

Sunnyvale, CA |

I made some mistakes on the form (I539) - not big ones, but I could correct them. I called the 800 number and the guy I talked to suggested me to wait for RFE to submit additional information (he said if I upload additional document now - for example I was thinking of correcting the form and sending an explanation - no one will read it because there's no RFE). Is there any harm in uploading any additional document? Is what he said true?

He also suggested me to wait for an RFE to act. I worry if it will delay my case. Will RFEs delay cases for B2 extensions? Thank you!

If I withdraw now and submit a new form, besides that I have to pay for the additional application fee, will there by any problem? My current status is "Optimized" in the system.

My current B2 expired end of November which means I still have time to refile. Thank you!

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Attorney answers 3

Best Answer
Posted

Withdrawing and submitting a new form may be an issue depending on when your current B2 status is set to expire. Remember that in order to file a timely I-539 this must be received by the USCIS prior to the date on expiration on your I-94, not to be confused with your visa expiration.

An RFE will delay the process as this requires you to prepare a response however depending on the severity of the mistake there may not be any RFE. If the mistake is a material misrepresentation however then you will definitely want to inform the USCIS of this issue so as to avoid any potential immigration fraud concerns that could arise.

Legal disclaimer: The above statement is only intended to be general in nature and in no is to be taken as specific advice. A complete consideration of all facts is not possible in this setting and is necessary in order to provide any legal advice. This communication does not create any attorney-client relationship.

Asker

Posted

The mistake is that I didn't include the ending time for my last residence, and the beginning time of my current address. Is it serious? Should I submit an additional document explaining this? Thank you very much!

Hendrik Tjaart J Pretorius

Hendrik Tjaart J Pretorius

Posted

Although I cannot give you legal advice on this forum without a complete understanding of your case it does not appear that you misrepresented information but instead that you made an oversight in forgetting to include a date. I would probably just wait for an RFE if the USCIS wants you to update that information. Again, this is just a general opinion and not to be taken as legal advice.

Posted

Yes, as RFE results in a delay.

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.

Asker

Posted

In your experience, how long is the delay usually? Are we talking about a couple of weeks, or a couple of months? Thank you!

J Charles Ferrari

J Charles Ferrari

Posted

Several days to receive the RFE. Whatever time it takes you to respond. 60-90 days for the file to make it back to the officer.

Asker

Posted

That's awfully long =( If I provide the missing info now and an explanation, will the officer see the file when s/he starts reviewing my case (my case was just submitted a few days ago and is still in the "Optimized" phase). Many many thanks!

Posted

Agree with my colleagues, RFE will delay your B2 extension.

The information on this website is not intended to be legal advice.

Asker

Posted

In your experience, how long is the delay usually? Are we talking about a couple of weeks, or a couple of months? Thank you!