I am from Bangladesh, my husband is a Canadian citizen working in the USA with TN visa, and we have 1 year old daughter. I am living on TD visa (visa valid until Jan 3, 2017). I submitted I-539 to extend my status on Dec 30, 2016 but now I realized my I-94 has expired on Dec 3, 2016 and I did not notice it. Is there anyway I can extend my stay without leaving USA?
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Overstay (I-94 expired)
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Usually you have to file before your status expires. They could approve you if there is a good reason that you filed late, but I wouldn't count on it. You are accruing unlawful presence right now. If you accrue 180 days of unlawful presence and leave the country, you will trigger a 3-year ban. It would probably be a good idea to leave and get a new visa.
This is my personal opinion and is not to be construed as legal advice.
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