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.
- 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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.