QUESTION

Dv and overstay

Asked on May 20th, 2019 on Immigration - Massachusetts
More details to this question:
Hi I was on L1 visa and my last working day was 2 may 2015. I stayed until 31 may as i was doing exams and selling my furniture and car etc. i94 expiry was july 2016. Did I accrue unlawful presence from 3 may to 31 may? Do i need to report it if i am applying for immigration visa
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The period of time that you are talking about is only 28-29 days according to your fact situation. Since the I-94 expiration date was July 2016, over a year later, you did not accrue unlawful presence. Even if you had, it would take 180 days of unlawful presence to bar you from the United States for three years. When applying for an immigrant visa, you can put down that you were unlawfully present for the 28 or 29 days, and it would make no difference in a consular interview for an immigrant visa. If you were adjusting status in the US, it might make a difference, but that would depend upon the category under which you were seeking immigration. 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 Jun 17th, 2019 at 8:07 PM

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