Legal Question in Immigration Law in Florida

Can a submission of a I12 form (l1a visa) extend my stay?

I came in the us and my passport states that i need to leave before the 8th of december. However i just submitted an I129 form for an L1A visa. My L1A is currently under review. I should get an answer back by the 18th of December. If you were in my shoes, would you still leave to your foreign country before the 8th of december, or would you stay until you get the answer back from the USCIS?


Asked on 12/04/13, 3:06 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

I am unfamiliar with a Form I-12.

If you are already in L-1A visa status, then you are permitted to remain in the United States while your extension (I-129) is processing, However, keep in mind that if the extension is denied, then you will have accrued illegal presence as of December 8th. Although, you would have to accrue 180 days or more of illegal presence to face a bar to re-entry. Therefore, I do not see where the dilemma lies in your case.

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Answered on 12/04/13, 3:43 pm


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