Immigration Law Questions? Ask an Immigration Lawyer.
Thank you for using Just Answer/Pearl. Please note that I earn my living by helping customers like you. I only ask that once you've received your answers, you rate me positively based on the customer service I provide you, and not the outcome, for which the law sometimes does not have a good solution. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further.QUESTION: Are these possessions enough to grant an extension?
ANSWER: There is no way to know, with any sort of accuracy, if this is enough to be granted an extension. While it is important to show you have strong ties to your home country, once you're in the US requesting an extension, it is more important to explain why you require an extension. So the possessions are helpful, but your reason or purpose for requesting the extension is even more important.
QUESTION: What happens if it is pending/denied while I am in the States
ANSWER: Then you must leave the US immediately. And if 6 months have passed since the expiration of your prior status (August 2013), then you would have acquired 6 months of unlawful presence, and will be subject to a 3-year ban from entering the US.
QUESTION: What must my employer write on my employment letter- specifics?
ANSWER: Unfortunately, I am not allowed to give specifics about or templates for what to write. This is for your protection. What I am permitted to say is that your employer should provide assurances that you still have an offer of employment and that you are expected to return to work on a date certain; describe the position of employment, including salary and rate or pay; describe your history of employment with the employer, if any; and describe the importance of having you employed.
QUESTION: How must I word my reason for extending?
ANSWER: There is no specific way that you must word it. The most important thing is not the format, but the reasons for requesting the extension. If you have not gotten a chance to do all of the things you wanted to do when you first came to the US, then explain this. If you've decided to tour places that you did not initially intend to tour, then explain this. Spending more time with your boyfriend is not going to work - in fact it would likely be harmful to your request, since the US does not issue B1/B2 visas for the purpose of visiting a loved one, especially where it would create a risk that you would end up overstaying your status.
QUESTION: What are the chances of an approval?
ANSWER: There are no published numbers about the chances or percentages of those who are approved. Each case is reviewed on a case by case basis, spending on the basis for the request. Requests seeking extensions for the purpose of further exploration and tourism of the US are generally approved at a high rate. But a request for an extension to spend more time with your boyfriend will likely not be approved, as those situations tend to indicate that you are at risk of overstaying your status, or otherwise being sponsored for a green card through marriage.
QUESTION: I was here previously- 2 years ago- on a J1 visa does this effect anything?
ANSWER: No, not necessarily. Unless the USCIS starts to grown concerned that you are using non-immigrant visa statuses to reside in the US.
Thank you very much for you quick response, I appreciate it and your information has been helpful.
I just have some follow up questions:
1.So applying for an extension can only be for purposes of tourism, but is he allowed to sponsor me for my travels or is that a red flag to have my US boyfriend as my financial sponsor? I am on unpaid extended leave from my job, and my savings is almost dry.
2. Also Just so I understand, based on your last paragraph: If he does decide to ask me to marry him before I leave in August, would I have to go home and change from my B2 status there, or can I do it from here if it is before the expiration date on my I-94?
QUESTION 2: Also Just so I understand, based on your last paragraph: If he does decide to ask me to marry him before I leave in August, would I have to go home and change from my B2 status there, or can I do it from here if it is before the expiration date on my I-94?
ANSWER: You would not have to go home. You would get married. Then he would submit form I-130 and you would submit form I-485. You can even do it after your I-94 has expired, but I would not suggest doing so. You risk being asked to leave. But if you've been int he US for 90 days or more, and then you get married and start the process for adjusting your status from a visitor to a permanent resident while in the US, then you can stay int he US and complete the process here, even if the I-94 has expired during that time.
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Thank you very much.
I have talked it over with my boyfriend and I hope you don't mind- we have one final question before we decide what to do.
1. Hypothetically, If we applied for the extension now but thereafter got married while the extension is pending, would I still be able to apply for the change of status?
Sorry for the delay. I was logged out of the system when you asked your follow-up question.My apologies for any inconvenience this might have caused.
QUESTION: Hypothetically, If we applied for the extension now but thereafter got married while the extension is pending, would I still be able to apply for the change of status?
ANSWER: You can apply, but it is not a good idea. You would just have applied for a visitor status extension, which requires that you have non-immigrant, visitor intent. I you decide all of a sudden that you have immigrant intent, it could look like you used the extension to buy time to apply for adjustment. It could potentially lead to a denial of the extension, and a denial of the adjustment of status. In that case, you'd be asked to leave the US and process the immigrant visa from abroad, and that could mean you wouldn't be able to return for anywhere from 8 to 10 months.
If you think you are going to get married and apply for adjustment of status, I suggest you submit the documentation to do so, rather than applying for an extension.
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