QUESTION
Will it be overstay if my visa gets rejected?
Asked on Sep 25th, 2013 on Immigration - New Jersey
More details to this question:
My I-59 will expire within a day. I sent my extension application 3 days back. If it's overstay, Can I be back later on my visit visa (expire on October, 2016)?
2 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
As long as your extension was filed prior to the date on your I-94 card you may legally remain in the U.S. until you get an answer.
Answered on Sep 26th, 2013 at 10:13 PM
3 Awards
You are likely speaking about your I-94. If you filed for a bona fide extension of the I-94 then you will be in-status until a decision is made on the case. If the extension is approved it harkens back. If the case is denied then you will begin to accrue unlawful presence under 212(a)(9) as of the denial date.
Answered on Sep 26th, 2013 at 11:57 AM