Date unlawful presence start accruing?

[travel323 0]

Hi all,

 

So this might come off a little complicated so please bear with me...

 

I had my work visa expiring this year March 2, I applied for the extension before the due date however it still hasn't been adjudicated yet because they sent an RFE and I responded to it.  IF they respond and deny my visa, will my unlawful presence start MARCH 2 or from the date the denial letter is sent?  For example, IF the denial comes on November 5 2019, will the unlawful pres start Nov 5 or March 2?

 

Is there an office/phone number of uscis or DHS that can give me a concrete answer to this?

 

Thank you all!

[Pengunista 221]

1 hour ago, travel323 said:

Hi all,

 

So this might come off a little complicated so please bear with me...

 

I had my work visa expiring this year March 2, I applied for the extension before the due date however it still hasn't been adjudicated yet because they sent an RFE and I responded to it.  IF they respond and deny my visa, will my unlawful presence start MARCH 2 or from the date the denial letter is sent?  For example, IF the denial comes on November 5 2019, will the unlawful pres start Nov 5 or March 2?

 

Is there an office/phone number of uscis or DHS that can give me a concrete answer to this?

 

Thank you all!

Here is the USCIS number 1800 375-5283. If the person that answers your call doesn’t know the answer to your question or not sure, ask to speak to a tier 2 officer.

[SusieQQQ 11,584]

It is concretely answered in the uscis official information on extension of status. 

 

 I am not clear though when you said your “work visa” was expiring, did you mean the authorized stay on your i94 was ending? (This is a different thing from an expired visa. You can easily be lawfully present on an expired visa if your i94 is still valid.)

 

page 3 https://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf

 

What if I file for an extension of stay on time but USCIS doesn’t make a decision before my I–94 expires?
Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires, even if you have timely applied to extend your nonimmigrant status. Generally, as a matter of discretion, USCIS will defer any removal proceedings until after the petition is adjudicated and USCIS decides your request for extension of nonimmigrant status. Nevertheless, DHS may bring a removal proceeding against you, even if you have an application for extension of status pending.
Even though you are not actually in a lawful nonimmigrant status, you do not accrue “unlawful presence” for purposes of inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act, while your extension of status application is pending if it was filed prior to the expiration of your Form I-94.
Although you are out of status, you may be permitted, depending on your classification, to continue your previously authorized employment for a maximum period of 240 days while your extension application is pending if USCIS receives your application before your Form I-94 expires, and you have not violated the terms of your nonimmigrant status. You may be required to stop working immediately when the first of the following events occurs:
• 240 days elapses from the date your I-94 expires; or
• USCIS has made a final decision denying your extension application.

if your application for an extension of stay is approved, the approval will relate back to the date your Form I-94 expired, and your status while your application is pending will then be considered to have been lawful.
If your application is denied, you may be required to cease employment and depart the United States immediately.
In addition, any nonimmigrant visa in your passport granted in connection with your classification becomes void. Once your visa is void, you must submit any new visa application at a U.S. consulate in your home country (not a third country, except in rare instances as determined by the U.S. Department of State

 

 

Edited October 29, 2019 by SusieQQQ