More details to this question:
My i-130 and I-485 forms were rejected (marriage based application) and need some fixes but now at this point, I have overstayed. Is my case still active and can I still stay here whole I resubmit my papers? Or would I be deported? I had also submitted the form for extension of stay which is still being processed, however it was only asking for a stay until April 22nd and obviously we have gone past that date now.
1 ANSWER
You are likely not at a significant risk of deportation though anyone who has stayed beyond his/her authorized stay may be placed in removal proceedings. You should quickly make the necessary corrections. You may want to consider working with an attorney to avoid future rejection. I am also concerned given you requested an extension of stay. You may be found to have misrepresented yourself in requesting an extension of you had no intent to depart. Speak to an attorney before resubmitting. In the interim, you can read more about family immigration at http://myattorneyusa.com/family-immigration.
Answered on May 02nd, 2016 at 2:37 PM