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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94147
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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What are the chances I can get an extension of 2 months on

Resolved Question:

What are the chances I can get an extension of 2 months on a B1 visa in order to write my usmle step 1 in the united states? I am a canadian citizen and have already been issued a 6 month visa, however this will expire in 12 days. In addition what is the best way to do this, apply to the USCIS or leave then cross again?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.

This is quite common and not difficult to do. You would have to file an I-539 which can be found here:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

You would have to explain the following:

1) How much time do you need?

2) Why do you need you so much time?

3) Why you couldn't do what you needed to do during time that you have already had?

4) How will you be supporting yourself for this additional time since you are not allowed to work?

5) What STRONG ties do you have to your home country to ensure that you will go back?

6) What preparations have you made to go back?

As long as the I-539 is pending, you are still in legal status even though your I-94 expires.

 

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Customer: replied 1 year ago.

1) 2 months


2)Because I would to study for and write the usmle step 1 in the united states


3)Because it took a long time to process the request to write the usmle step 1.IIn addition we had to complete a 4 month review course mandated by our school. We still have not yet received approval from our school to write, we expect to receive approval in the coming 30 days.


4) My girlfriend has a loan and my parents are supporting me.


5)I have a home address (my parents house), I have a bank account and a bank which I have previously received a student loan from.


6) Upon completion of the usmle step 1, our school will issue a visa support letter so we can complete our clinical rotations at various hospitals in chicago. So I guess we haven't really made any plans to leave because once we finish this exam we will be back in chicago.


 


And as a side note we have not filed an I-539.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Well, I wasn't actually asking you those things, I was just letting you know what you would have to prove, but since you disclosed that information, your girlfriend is a U.S. Citizen or U.S. Lawful Permanent Resident?
Customer: replied 1 year ago.

She isn't she also a canadian citizen.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Ok. That's good. It seems that your answers are good except that for #5 and #6, I would try to find more ties to your country that you can show and I would also try to make it look like you do have plans to go back to Canada even though later that may not be the case. Don't lie about anything, but don't volunteer that your plan is to stay. They won't like that. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Customer: replied 1 year ago.

My only other question is, is it better to leave the US and re-enter or file the I-539 form. And upon filing and waiting for a reply am I still legally residing in the united states and will it effect my chances of obtaining another visa.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
It is better to do the extension in the U.S. because if you leave and try to come back too soon, they may not let you back in. How much is too soon? The law doesn't say, but the general idea is that you stay outside of the U.S. longer than you stay inside. Please do not forget to rate me positively. Since I am not paid a salary, it is the only way that I get paid. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94147
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you

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