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After applying an I-539 by mail, can one stay beyond his visa date while waiting for the receipt of being "processed"
Anonymous1 views2 answers
I have a very specific question regarding my situation. My visa is ending at the 28th of February, I have sent an I-539 application form with all the required documentation and fees. My problem is, since i'm not considered "in process" until i receive an actual confirmation by mail i feel i am in, what one can call, "a gray zone" where I am not yet "in process" and need to wait for their reply (which from what i understand can take 30 days) and yet my eligible time in the country is about to end.
my question is, am i allowed to wait for their reply even though my visa expires? after all, i have sent my request prior to the expiration date of my visa but if i were to be prosecuted i would have no way to prove it.
I appreciate your help. thank you.
As long as your application is timely and properly filed, you can remain here while your application is pending. Your I-539 can take 2-3 months. I am assuming that it was filed properly?
tuart Jonas ReichImmigration AttorneyNew York, NY ·
Generally, as long as USCIS has received the application before the expiration date of your current visa, you can remain here while waiting for a decision (at least up to a certain point). You don't necessarily need the paper Receipt Notice if you know that the case was received.
It is unclear from your question when you sent the application, or whether the method by which you sent it allowed you to track the application - it is wise to send via certified mail or FedEx for this reason.
You might try your online banking - if your check has cleared and you can view the back (which will have your receipt number in the last line, by the way), you will know that your case has been received.
