Legal Question in Immigration Law in Texas

Hi, I have applied for my parents B2 visa extension for 6 months on feb 15th. Still the application is in Initial review. How much time will they take to approve or reject? How many days can they stay in USA after extension is applied and waiting for response?


Asked on 3/31/13, 10:09 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Unfortunately, it takes longer to adjudicate the I-539 in most cases than the duration of time people seek to extend. In the meantime, if their B-2 expired, they risk accruing illegal presence.

If they accrue 180-364 days of illegal presence, they will be barred from re-entering the United States for 3 years. (365 days or more will lead to a 10 year bar). If their B-2 extension is denied, then they will have started to accrue illegal presence as of February 16th.

The filing of an I-539 application does not keep them in legal status during the processing period. Processing times can be found on the USCIS website (www.uscis.gov).

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Answered on 4/01/13, 2:50 pm


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