Overstay (I-94 expired)

[monika parvin]

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?

[newacct]

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.