QUESTION
Spouse Visa(L2) extension application after I-94 expiration date
Asked on Dec 28th, 2015 on Immigration - New Jersey
More details to this question:
My company forgot to filed the L2 visa extension request for my wife along with my extension request and my wife's I-94 is already expired on 18-NOV-2015. I already got visa approval from USCIS on last week. Is it possible to file L2 extension for my wife right now on any exceptional category right now even her I-94 is expired almost 1 month back. If Yes please share the detail, so that i can go for extension.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
USCIS may excuse late filings to extend non-immigrant status on form I-539 application to extend/change status under the following conditions:
1. The delay was due to extraordinary circumstances beyond your wife's control;
2. The length of the delay was reasonable; 3. Your wife has not otherwise violated her status; 4. Your wife is still a bona fide nonimmigrant; and
5. She is not in removal proceedings.
Hopefully the adjudicating officer will believe that the company's failure constitutes extraordinary circumstances if your wife submits the application.
Answered on Jan 27th, 2016 at 7:16 PM