QUESTION

Can i visit usa again?

Asked on Jul 21st, 2018 on Immigration - California
More details to this question:
I want to ask for something me and my husband applied for extension after we entered usa by B2/B1 multiple entry visa because the officer gave us one month and i had a health problem (caesarean ) so we needed longer stay than one month so applied for extension after one week from entry then we received the receipt notice and returned to our country after one month and half from entry , We sent with the extension application all papers needed ( return tickets, receipt of the doctor and hospital all are full paid and medical report ) and we requested in the application just two weeks more, now more than 8 months passed and there is no reply yet about our extension and we dont know our situation now if we can enter usa again or not and if our visa is cancelled or not.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Unfortunately you are caught in the bureaucratic nightmare of U.S.C.I.S. in which the speed of processing depends upon the U.S.C.I.S. service center that is handling your case. The National Benefits Center (NBC) takes from one week to 4.5 months, the California Service Center from 1.5 months to four months, and the Vermont Service Center between 12 to 16 months according the USCIS processing time information. The possibility exists that if you attempt to reenter the US without having the extension adjudicated favorably, you could be turned back. You could wait until you receive a decision on the application. Alternatively you could approach the American consulate or embassy for another visitor's visa explaining the situation to the consular officer. There is also the possibility that you could come to the States, show your receipt of having filed for the extension before leaving, and perhaps be admitted by the immigration inspector. That is a possible course of action as long as you are prepared to be turned back at the port of entry in the event that CBP does not agree to admit you. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Aug 19th, 2018 at 5:56 PM

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