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B2 Extension - Date/Period Question
My mother's I-94 set her "admit until date" as 04/23/2021. Due to medical reasons, we filed I-539 on 02/23/2021 to extend her stay. We have since done her biometrics collection for that. We have since filed her I-130 online I-485 at the Chicago office by mail in the last couple of weeks. While we received a receipt notice for I-130 online and by mail, we have still not received a receipt notice for her I-485 yet. From what we see on online trackers, it could take a 3-4 weeks for that to happen mostly.
When we applied for her I-539, we did not know that we could extend her stay for 280 days, and hence did it only for 181 days assuming that was the maximum. So, we put her "extend until date" as 10/21/2021 on the form. Now that date is coming closer and there is a slight risk that she might not receive the I-485 receipt notice before that date.
1. Will she be considered as overstaying in that case? Or will 240 days still be considered the maximum time she can stay?
2. Does USCIS look at the date we requested or just extend stay for 240 days blanket?
3. Is there any way to modify I-539 to change and extend date to 240 days (12/19/2021 in this case)?
We are thinking of going to an attorney, but just thought of checking in first in case someone has been in a similar situation before. Thanks in advance!
When we applied for her I-539, we did not know that we could extend her stay for 280 days, and hence did it only for 181 days assuming that was the maximum. So, we put her "extend until date" as 10/21/2021 on the form. Now that date is coming closer and there is a slight risk that she might not receive the I-485 receipt notice before that date.
1. Will she be considered as overstaying in that case? Or will 240 days still be considered the maximum time she can stay?
2. Does USCIS look at the date we requested or just extend stay for 240 days blanket?
3. Is there any way to modify I-539 to change and extend date to 240 days (12/19/2021 in this case)?
We are thinking of going to an attorney, but just thought of checking in first in case someone has been in a similar situation before. Thanks in advance!
All Replies (2)
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