Q: Could you please help me?
I had an L2 visa that expired on March 25.
My I-94 expired on March 31.
My spouse, L1 visa holder, had the same visa expiration date, but their I-94 has not expired yet.
We both departed on April 12.
My spouse’s company’s attorneys supposedly filed the extension petition on March 20 (I-129 and I-539 together). I just learned that my portion of the extension was returned to their office requesting that the filing fee check be reissued. They said they will not do that because I am not in the US anymore and that the FedEx delivery is proof of timely filing
I called the USCIS. They said there is no case under my name.
Conclusions:
- I will be considered to have overstayed. Unlawful presence has consequences.
- I do not think FedEx delivery is good enough to prove timely filing because there are not any names linked to a FedEx tracking number.
Could you please help me? What can I do to avoid future issues when trying to visit the US or applying for new visas? Thanks!
A: You did technically overstay since the filing was rejected. However, I doubt it will have any consequences. Unlawful presence is most problematic when a person remains in the USA and is trying to change status to another visa or adjust status. However that is not the case with you. For those who have departed the USA, it is most problematic when it is more than 180 days. Also not the case with you. I also believe that you can very easily demonstrate that the overstay was not your fault. Your lawyers sent the wrong fee, not you. Also, the covid-19 crisis also provides compelling context. I think you will be fine. If you apply for a new visa, just be prepared to explain and provide evidence of your attorneys' failed attempt to file for the extension.
2 users found this answer helpful
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