Legal Stay during Motion to Reopen Time

The difficulty here is that filing a motion to reopen does not stop the accrual of illegal presence. Under US immigration laws, staying in the US for 180 days or more illegally would bar your wife from coming back to the States for three years. Illegal presence would have begun when your wife's H-4 extension was denied. If she files a motion to reopen, she may be faced with a choice of whether to stay for the result or leave the country if it is close to 180 days and no adjudication as yet been made on the motion. Of course, winning the motion would mean that all time is considered legal.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.