B2 extension - offices closed

[Jeff and Mei 19]

My wife is visiting during the I-130 process.  Flight home was cancelled in February due to coronavirus.  Applied for B2 extension, now fingerprint offices are closed.  Obviously this will not be finished before her 6 months expires in May.  Does she have legal status while the I-539 extension request is pending?  Thanks 

[Crazy Cat 39,177]

Here is a good explanation:  https://www.nolo.com/legal-encyclopedia/how-extend-your-stay-change-your-status-while-b-visa.html

[geowrian 22,335]

She is not accruing unlawful presence while it's pending, and she is not subject to removal until a decision is made.

 

Is there any particular reason you don't want to just do AOS now since you're already in the US? We don't know when the situation will pass.

[Crazy Cat 39,177]

Agree.  Adjustment of Status seems like a logical and practical consideration......It might be quite some time before restrictions for travel to China are lifted.

[Jeff and Mei 19]

Her I-130 was approved recently. We will probably file AOS here.  I have often wondered which would be quicker, allowing the process to play out and interview in China, or AOS here in the USA.  It looks very dismal for having a normal process in China.

[geowrian 22,335]

Depending on local USCIS field office and what happens with the virus and the new EO and such, it's impossible to know which is faster.

But since you're likely going to be in the US for at least the next few months, there is little reason to complete processing abroad if you are able to do so in the country now. By the time you can travel, you may have AP and EAD already...while not a green card, you can at least work and travel as needed then.

[SusieQQQ 11,584]

2 hours ago, Jeff and Mei said:

My wife is visiting during the I-130 process.  Flight home was cancelled in February due to coronavirus.  Applied for B2 extension, now fingerprint offices are closed.  Obviously this will not be finished before her 6 months expires in May.  Does she have legal status while the I-539 extension request is pending?  Thanks 

No, she is out of status when her i94 expires, but she is not accruing unlawful presence with a pending i539. Be aware that if her extension ends up being refused, her B will be canceled immediately. ( Probably not a huge concern with a pending immigrant visa.)

For more details on this see page 3 of this official document (I personally do not like referring people to free legal advice sites, I’ve seen wrong information on those before) https://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf

 

Agree with the others that AOS probably makes more sense. I’d suggest if you want to go this route you file ASAP because who knows what the presidential proclamation is going to say.

Edited April 21, 2020 by SusieQQQ

[SusieQQQ 11,584]

2 hours ago, geowrian said:

She is not accruing unlawful presence while it's pending, and she is not subject to removal until a decision is made.

 

 

Technically not true, see uscis link in my post above, though usually not enforced - they say “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.”

[pcke2000 39]

3 hours ago, SusieQQQ said:

No, she is out of status when her i94 expires, but she is not accruing unlawful presence with a pending i539. Be aware that if her extension ends up being refused, her B will be canceled immediately. ( Probably not a huge concern with a pending immigrant visa.)

For more details on this see page 3 of this official document (I personally do not like referring people to free legal advice sites, I’ve seen wrong information on those before) https://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf

 

Agree with the others that AOS probably makes more sense. I’d suggest if you want to go this route you file ASAP because who knows what the presidential proclamation is going to say.

Under one condition: she does not leave the US prior to the day when the USCIS' decision is made. 

[SusieQQQ 11,584]

2 hours ago, pcke2000 said:

Under one condition: she does not leave the US prior to the day when the USCIS' decision is made. 

I’m not clear, what do you say is subject to this condition? (If she leaves before the decision then the application is abandoned and there will not be a decision. Best to ensure this no decision outcome by withdrawing the application on exit of course.)

[pcke2000 39]

1 hour ago, SusieQQQ said:

I’m not clear, what do you say is subject to this condition? (If she leaves before the decision then the application is abandoned and there will not be a decision. Best to ensure this no decision outcome by withdrawing the application on exit of course.)

I was talking about:

'If the alien leaves the U.S. after the Form I-94 date while the application is pending, section 222(g) will not apply, irrespective of whether the application is later approved or denied. However, if the application is found to be frivolous, section 222(g) will apply.'

[Jeff and Mei 19]

Appreciate all the responses.  I don't think we have to worry about removal proceedings, but we will AOS here ASAP.

[millefleur 5,035]

**Moved from Tourist Visas to AOS from Work, Student, & Tourist Visas**

[OpenRate001 0]

On 4/21/2020 at 2:43 PM, SusieQQQ said:

No, she is out of status when her i94 expires, but she is not accruing unlawful presence with a pending i539. Be aware that if her extension ends up being refused, her B will be canceled immediately. ( Probably not a huge concern with a pending immigrant visa.)

For more details on this see page 3 of this official document (I personally do not like referring people to free legal advice sites, I’ve seen wrong information on those before) https://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf

 

Agree with the others that AOS probably makes more sense. I’d suggest if you want to go this route you file ASAP because who knows what the presidential proclamation is going to say.

Do all I-539 refused extensions end up being terminated VISA's? Wondering if COVID travel issues will grant any leniency. Thanks    

[SusieQQQ 11,584]

29 minutes ago, OpenRate001 said:

Do all I-539 refused extensions end up being terminated VISA's? Wondering if COVID travel issues will grant any leniency. Thanks    

If it’s refused it means they didn’t find the reasons to be valid. If you think covid is a valid reason then you shouldn’t expect a denial.

 

from the information sheet https://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf

 

If your application is denied, you may be required to cease employment [add: obviously only if relevant to the visa] 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 May 7, 2020 by SusieQQQ