Grand Marais, MN asked in Immigration Law for Minnesota

Q: My tourist visa ends 31st May, I applied for extension on May 1, says case was recieved, Do I have to leave the country

I got the I797C reciept online got the proof my extension submitted but still say case was recieved I am just wondering that if I dont get approval before my legal status ends here Do I need to leave?

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: Based on the information you provided, it seems that you have applied for an extension of your tourist visa before your current authorized stay expires on May 31st. Receiving the I-797C Notice of Action is an acknowledgment that USCIS has received your application.

In most cases, if you have timely filed an application for extension of stay before your authorized stay expires, you are allowed to remain in the United States while your application is pending, even if the decision is not made before your original departure date. This is known as the "period of authorized stay" and is covered under section 8 CFR 214.2.

However, it is important to note that remaining in the U.S. during this time is not considered an "overstay," but you should refrain from engaging in activities not permitted by your current visa status.

To be certain about your specific case, it is advisable to consult with an immigration attorney or contact USCIS directly for further guidance. They can provide more personalized advice based on your individual circumstances.

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