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Less than 180 day overstay on Visitor Visa

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  • Less than 180 day overstay on Visitor Visa

    My Mother had her return ticket from USA to India on March 30th 2020. But there was a countrywide lockdown in India and all flights were cancelled. Her I-94 was supposed to expire in Mid May 2020, and by early April we filed a I-539 for extension of her stay(i-94).

    We received the receipt in early May (2020) but no more updates from USCIS since then. Then she returned to India inMid July (overstay of about 60 days).

    Today 10th May 2021 we received a denial of her I-539.

    My question is, Will she be denied an entry to USA in future? We have proof of her original flight in March 2020 and the I-539 receipts etc. Can someone please help?
    Last edited by mymyselfandi; 05-10-2021, 10:40 PM.
    City: Denver, CO
    Marriage Based AOS (130,485,765)
    SC: NBC
    8/5 PD
    9/3 Bio done
    12/5 SMS for 485 RFIE
    12/10 Response sent
    12/17 USCIS began working on your case
    1/16/20 Expedite I-765
    1/20 Filed I-131
    1/31 Expedite approved I-765
    2/10 Ready for schedule
    2/14 EAD card in hand
    2/19 Interview scheduled for 3/19
    5/12 AP card received
    3/18 Interview cancelled due to Covid
    8/28 Interview scheduled for 10/2
    10/2 interview done, approved on the spot

  • #2
    Since she had a pending I-539 the whole time after her I-94 expired until she left the US, she did not accrue a single day of "unlawful presence", so she would not have triggered a ban even if it were more than 180 days. Her visa is also not voided, since she left before a decision was made on the extension.

    It is never possible to predict whether any particular person will be allowed to enter as a visitor on a future visit.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      Since she had a pending I-539 the whole time after her I-94 expired until she left the US, she did not accrue a single day of "unlawful presence", so she would not have triggered a ban even if it were more than 180 days. Her visa is also not voided, since she left before a decision was made on the extension.

      It is never possible to predict whether any particular person will be allowed to enter as a visitor on a future visit.
      I was under the impression that since her 539 got declined , her 60 odd days became unlawful overstay. I understand the uncertainty around future visits, but if there is no unlawful stay we should be okay.
      City: Denver, CO
      Marriage Based AOS (130,485,765)
      SC: NBC
      8/5 PD
      9/3 Bio done
      12/5 SMS for 485 RFIE
      12/10 Response sent
      12/17 USCIS began working on your case
      1/16/20 Expedite I-765
      1/20 Filed I-131
      1/31 Expedite approved I-765
      2/10 Ready for schedule
      2/14 EAD card in hand
      2/19 Interview scheduled for 3/19
      5/12 AP card received
      3/18 Interview cancelled due to Covid
      8/28 Interview scheduled for 10/2
      10/2 interview done, approved on the spot

      Comment


      • #4
        "Unlawful presence" does not accrue while a timely-filed, non-frivolous Extension of Stay or Change of Status is pending, even if it is ultimately abandoned or denied.

        This is my personal opinion and is not to be construed as legal advice.

        Comment

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