QUESTION

What happens if a non-immigrant requests an extension, but doesn't receive a reply before the requested extension date?

Asked on Apr 14th, 2015 on Immigration - District of Columbia
More details to this question:
Hello, is a non-immigrant considered legal if they applied for an i-539 extension of same status (B-1/2) prior to expiration of their i-94? What if they have not received a reply before the NEW status expiration date requested? Can they continue to stay even beyond the requested extension date? For example, the original i-94 expires on 2/28. i-539 filed on 2/1, requesting an extension through 3/31. The filing was acknowledged, but is still in process. Can the person stay even after 3/31? Should they file an additional i-539?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
In the situation in which you describe having requested an extension and not receiving a decision before the date requested has passed, it is a good idea to file an additional I-539 asking for a further period of extension and documenting the reasons for the request. The question of whether someone can stay after the requested date has passed without doing anything further is murky, but the better practice is to request the further extension if you intend to stay. 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 May 11th, 2015 at 11:43 AM

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