QUESTION
Does unlawful presence counts from I-94 admit until date in case of I-539 denial?
Asked on Jul 08th, 2023 on Immigration - Texas
More details to this question:
If USCIS denies I-539 application for B2 visa, will unlawful presence counts from I-94 admit until date? I am asking to find out if the following law on unlawful presence applies: (I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 1254a(e) 3 of this title) prior to the commencement of proceedings under section 1225(b)(1) of this title or section 1229a of this title, and again seeks admission within 3 years of the date of such alien's departure or removal, or
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
In your case, unlawful presence only begins 180 days after the I-539 application is denied, assuming that the I-539 was timely filed. If not timely filed, unlawful presence would begin 180 days after the date that you fell out of status. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Jul 15th, 2023 at 9:23 AM