QUESTION
Will I be able to keep my visitor visa and travel if I withdraw a "change of visa" case which is in pending?
Asked on Apr 15th, 2015 on Immigration - Texas
More details to this question:
I have had a b2 visa till 2017 expiry date. I came to USA and my I-94 was expiring on 8th December 2014. I applied in a school for change of status and uscis mailed me the receipt on 28th nov 2014. However my case is still in pending and I haven't gotten my status changed yet but my I-94 is expired. Will I be in the category of over stayed? I also wish to withdraw my case of change of status and go back to my home country and return on my visit visa. Will my previous b2 visa be valid if I withdraw the case before approval or denial. And will I be able to return back to the us on this visa or will they stop me from entering for over staying?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Unless you have the change of status approved, you would generally be regarded as having overstayed. A consequence of overstaying is that your visitor visa would be regarded as automatically canceled. You would likely be given a problem by an immigration inspector upon your return to the U. S. if you attempted to re-enter under the same visa. 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 11:40 AM