B-2 Visa Extension Pending Are You Illegal
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"Applied for my extension for a
B-1, B-2 as a tourist,
Visa person was here for tourism.
No answer except receipt letter.
So I will be illegal or wait?"
So when you submit an extension request for a B-1, B-2 status
while you're in the United States, you're a tourist from overseas
you enter with a with a
B-1 or B-2 typically,
A B-2 Visa,
they let you in, typically they give you 180 days.
You could file an extension
if you wanted to.
That's Form I-539.
Once you file Form I-539 and
you're in the system, you're in a period of authorized stay
so you won't accumulate what's called Unlawful Presence Stays.
And that goes,
Unlawful Presence Stays,
If you accumulate enough of those and leave the United States
at later, you get a Banned Tourist coming in for a set amount of years.
However, when the case is pending, you're Unauthorized
Period of Stay that allows you to stay without accruing a
Unlawful Presence Stays,
but you're still illegal.
You still have violated, you haven't violated your status they have
this special circumstance
you're in where if they want to
they can come still and pick you up and kick you out.
But because you have a case pending, they don't hassle you
unless you usually get a
criminal history and stuff.
They can do it, but they don't usually bother doing that
until a decision is
made on your case.
If it's denied, then they
may come after you and knock at
your door.
They can do it before, if they want to, so Immigration Department
has a lot of power in this situation but they don't enforce
it as a policy until a
decision is made.
So if you have an extension request, a Tourist Visa pending,
I wouldn't really worry about it
until a decision's made.
Hopefully you could leave before even a decision's made anyway,
so it just cleans it up right there.
But all it does when you file it is, you're in a Period of Authorized
Stay which means you're not accumulating Unlawful Presence
Stays, if the case is properly filed.
It's kind of a technical thing,
it's kind of hard for you to understand because there's a lot
more legal stuff going on,
involving that, but that's the basic.
I would not want to be afraid of being illegal or something like that
If you submitted the case,
got a receipt and it's pending
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