Immigration Law

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Related Immigration Law Questions
Currently, my mother in law is in the US on a B1/B2
Hi,Currently, my mother in law is in the US on a B1/B2 (tourist) visa. She came to visit my wife and I on October 2nd 2016 and her return journey was on March 25th 2017. However, in March we decided t… read more
Jen Marie, Esq.
Jen Marie, Esq.
Immigration Attorney
Juris Doctor
9,396 satisfied customers
My Mom is in the US on a B1/B2 (tourist) visa. She came to
My Mom is in the US on a B1/B2 (tourist) visa. She came to visit my wife and I on October 2nd 2016 and her return journey was on March 25th 2017. However in March we decided to extend her stay so we've filed an extension with the USCIS on March 13th 2017 (Form I539sent with supporting documents on that date). It was received by the USCIS on March 16th 2017. Unfortunately, we've received a denial decision citing that the check sent for $290 was incorrect and I came to know that the updated service fee was $370. Apparently, the mail was sent by USCIS on April 3rd via regular first class USPS and it might have arrived on Friday, April 7th as I checked my mail on the 8th and the 6th of April.)Anyhow, coming to main issue, her I-94 expired on April 1st 2017. As per the rejection letter in the mail packet sent by the USCIS, it says as follows"You are invited to resubmit your application package after you have corrected the reasons for rejection. If you have any questions please contact***@******.***.When you resubmit your application, please enclose this letter with your re-submission.Place this letter on top of your application package."My questions -Can I resubmit the extension application, even though her I-94 has expired? If so, can she still stay with us, assuming we would have to notify USCIS of this situation, with some help of an attorney?As the mail (post marked on April 3rd) from the USCIS was sent AFTER her i-94 has expired (April 1st) Should she leave promptly, WITHOUT we attempting any refiling. Note that the USCIS did NOT mention anything about leaving promptly in the rejection letter but asked to reapply. But as the I-94 has expired, what happens to her B2 visa? Does it get cancelled?. So, If she needs to leave, how soon does she needs leave, knowing the mail received date as April 8th?If she needs to leave, we will prepone her return ticket, BUT can we reach out to the USCIS explaining the situation and not to cancel / jeopardize her visa? Or should she reapply for her visa?Sorry for my long description and/or any repetitive questions. Wanted to make sure you have all the information for your decision. Appreciate all the help!Thanks! SG. … read more
Jen Marie, Esq.
Jen Marie, Esq.
Immigration Attorney
Juris Doctor
9,396 satisfied customers
My mother in law is in the US on a B1/B2 (tourist) visa. She
My mother in law is in the US on a B1/B2 (tourist) visa. She came to visit my wife and I on October 2nd 2016 and her return journey was on March 25th 2017. However in March we decided to extend her st… read more
KLAW
KLAW
Juris Doctorate
3,708 satisfied customers
I came to the USA on a B2 visa on 29th December 2013. I took
I came to the USA on a B2 visa on 29th December 2013. I took admission in ITU (International Technology University) San Jose on 31st January 2014 and applied for a change of status to F1 on 14th Febru… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,009 satisfied customers
Currently Im on J1 visa, which expires in February 12th 2014.
Currently I'm on J1 visa, which expires in February 12th 2014. My I-94 expires in November 2014. Can I stay in the USA more that 30 days after my visa expires while I'm waiting for changing status for… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
58,253 satisfied customers
I would like to find out what the rules are for applying for
I would like to find out what the rules are for applying for h1b for a person who has a visitor visa? must they go back to their country and apply for a j1 first? what is the best way to approach?… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
31,678 satisfied customers
Dear, I am currently an J1 student with a J1 visa that expires
Dear, I am currently an J1 student with a J1 visa that expires on 15th of September 2013, and I was wondering about the possibilities to extend my stay in USA and travel with my friends. My current si… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
31,678 satisfied customers
Hello, Me and my wife are citizen of Bangladesh. I am on
Hello, Me and my wife are citizen of Bangladesh. I am on OPT extension now which expires on June 2014. I have a full time job and my employer is willing to sponsor my H1B next year. my wife has a B-2 … read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
4,147 satisfied customers
Hi Im in New York right now. I came here in America on April
Hi I'm in New York right now. I came here in America on April 2010 with J-1 Visa. Before my J-1 Visa got expired which was April 15, 2011 I've decided to extend my stay and applied for tourist visa wh… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
58,253 satisfied customers
Can I change my F1 Visa status to a B2 Tourist VISA without
Can I change my F1 Visa status to a B2 Tourist VISA without leaving the USA? The reason I ask is because my OPT grace period ends on September 19th, and my family would like to visit me in October (th… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
31,678 satisfied customers
I enter the country in August 2010 in a tourist visa and got
I enter the country in August 2010 in a tourist visa and got a I-94 allowing me to stay until February 18th 2011. In December I submited a I-539 form together with a I-20 form requesting to change my … read more
Expert James
Expert James
Doctoral Degree
15,093 satisfied customers
Hi, I have a few general questions - 1. Can a 1-year tourist
Hi, I have a few general questions - 1. Can a 1-year tourist visa be changed to 2 or more year visa? 2. While on a tourist visa, how long can a person stay continuously in the US? 3. If a person is wa… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
I have b1/b2 visa and currently am in tx. My I-94 will expire
I have b1/b2 visa and currently am in tx. My I-94 will expire 18th of april. During this period i create a LLC company here and it is already in business. Anyway my question is after my i-94 expired c… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
31,678 satisfied customers
Hello, I am a citizen of Holland and I would like to work
Hello, I am a citizen of Holland and I would like to work in the USA, preferably in or near Austin, TX. My question is about ‘dual intent', because I have visited the USA three times before: in 04/200… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
58,253 satisfied customers
Hello,Im Evelyn from Florida. I want to bring my grandson
Hello,I'm Evelyn from Florida. I want to bring my grandson here as a student.Can he come as a tourist then apply for student visa when he finds the right school or course later?… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
58,253 satisfied customers
Im an au pair in the USA and I extended my year. So I came
I'm an au pair in the USA and I extended my year. So I came here on july 2008 and I have to leave on July 2010. I would like to know wich alternatives I have to stay legally in the US, and if I can co… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
58,253 satisfied customers
My sister applied for an extension of her stay here in USA,
My sister applied for an extension of her stay here in USA, and the USCIS received the application on 9/22/09. How long does it take the USCIS to process such application? Her stay will expire on 10/1… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
58,253 satisfied customers
I intered the USA with B2,the officer gave me 1 month ...
I intered the USA with B2,the officer gave me 1 month but I past it,now I want to know if the 5 months before 180 days I was legal in the USA or illegal?… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
58,253 satisfied customers

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Meet the Experts:

Ely

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Guillermo Senmartin

Guillermo Senmartin

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Principal Attorney at Guillermo J. Senmartin, P.A.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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