I-539 pending over a year and still in the US on B2 visa .

[ishrat]

hi there, 

My mom Indian Citizen entered USA on March 31-2021 and I-94 was valid till September-30-2021, we applied for her extension in August and received biometrics appointment and submitted biometrics for the same in August 2021 . We had asked for her extension till February-25-2022. And that was the only extension we had applied for, no more extensions were made .

 After the biometrics the case has not moved ahead and is pending since then and my mom has not left US . its August 2022 and she is still in the US and the extension is still pending.

My question did she accrue any unlawful or unauthorized presence all this while and from when her unlawful presence will be counted if she leaves the US before the decision is made ?

Also if her extension gets denied before she leaves US from  when the unlawful presence be counted and what will be the consequences on her visa ?

Will her unlawful presence be countef from September-30-2021 or Februaury-25-2022( date sought on the extension request)

Will she subjected to any inadmissibility or 3-year or 10-year bar ?

[newacct]

On 8/7/2022 at 9:28 AM, ishrat said:

My question did she accrue any unlawful or unauthorized presence all this while

No, she does not accrue unlawful presence while her timely-filed, non-frivolous Extension of Stay application is pending.

On 8/7/2022 at 9:28 AM, ishrat said:

and from when her unlawful presence will be counted if she leaves the US before the decision is made ?

If she leaves the US before the decision is made, she will not have accrued any unlawful presence.

On 8/7/2022 at 9:28 AM, ishrat said:

Also if her extension gets denied before she leaves US from  when the unlawful presence be counted and what will be the consequences on her visa ?

She will start accruing unlawful presence on the day after the denial decision date. The visa that she used to enter the US will be void in that case.

Also, if the Extension of Stay is approved until a date in the past, my interpretation is that she will also start accruing unlawful presence on the day after the approval decision date. The visa that she used to enter the US will also be void.

On 8/7/2022 at 9:28 AM, ishrat said:

Will her unlawful presence be countef from September-30-2021 or Februaury-25-2022( date sought on the extension request)

My understanding is neither; it will be from the decision date.

On 8/7/2022 at 9:28 AM, ishrat said:

Will she subjected to any inadmissibility or 3-year or 10-year bar ?

If she leaves the US after accruing 180 days of unlawful presence, she will trigger a 3-year ban. If she leaves the US after accruing 1 year of unlawful presence, she will trigger a 10-year ban.

[pontevecchio]

I would suggest asking the appropriate federal senator for help.

[pontevecchio]

Please ignore my previous reply. I thought this was about another matter. Cross-posting as it were.

Your query has anyway been answered by Newaact