QUESTION
When does the 180 days start counting after the first visa denial or after the motion is denied?
Asked on Sep 16th, 2013 on Immigration - Texas
More details to this question:
We requested for visa E2 was denied by the USCIS on Feb. 10,2013 letter received on the 19 same month. We presented a motion within the 30 days but case was not reopen due to lack of evidence by letter dated july 23,2013. Do we have 180 days to leave the country right? Does the 180 days start counting on the first denial or the second denial?
1 ANSWER
2 Awards
You aren't allowed to stay for 180 days. The 180 day rule merely means that you aren't barred from returning until you have overstayed by that long. You still may be denied re-entry for having overstayed even by a day, and you are deportable at any time you are out of status. You should leave immediately after receiving notice that your final appeal has been denied.
Answered on Sep 18th, 2013 at 1:29 AM