Pensacola, FL asked in Immigration Law for Florida

Q: If a tourist visa extension is postmarked before the stay expires, does USCIS consider it as "filed?

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2 Lawyer Answers

A: They consider it filed on the day that they receive the request and issue a receipt for filing fees.

Hector E. Quiroga
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Answered

A: USCIS recommends that the I-539 be filed more than 45 days prior to the expiration of status. If it is sent after that date, it isn’t a violation of the regulations, and even if it’s filed after the expiration date of the current status, the applicant needs to why she filed the extension so late.

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