What was the date of her denial from the Immigration Service? Or was the extension ever filed? If a denial was issued, one would have read the denial to see if it says she started accruing unlawful presence (ULP) in the U.S. as of the date of the denial -- or when her I-94 originally expired. Overstaying 180 days past an I-94 or the date of denial (if ULP starts from that date) and then leaving the U.S. can cause her to be banned for 3 years. Overstaying one year or more can cause her to be banned 10 years of more.

Note, most out-of-state attorneys can legally help you because we are permitted to practice federal immigration law outside of our state of jurisdiction. Please feel free to contact me for a free initial consultation.

Sincerely,

Michael A. Harris, Esq.

Associate Attorney

LAW OFFICES OF

KRAVITZ & GUERRA, P.A.

800 Brickell Avenue, Suite 701, Miami, Florida 33131

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If it's been more than 180 days since the denial or date of expiration of I-94, she will be banned from USA for 3 years. She shouldn't delay departing the USA as she is in unlawful/illegal status now and can be deported if apprehended. If she overstays by more than 1 year, and departs after 1 year, she will become inadmissible for 10 years.

Probably she should talk to an immigration attorney before deciding what to do next.

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