Hi..I came in to the U.S. last year June nd was allowed to stay just two weeks

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Hi..I came in to the U.S. last year June nd was allowed to stay just two weeks@poe.. I got in and applied for an extension of stay.. Didn't get a reply had my bby paid my bills nd left.. I planing on visiting next month with my U.S. citizen son for a month so he can see the doctor.. What problems am I likely to have @ Poe

Attorney Answers

4
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Even though departing in the midst of an application for extension of status being processed constitutes "abandonment" of that EOS application and results in its denial and automatic cancellation of one's still valid visitor's visa in one's passport, we've had many clients come back after having remained abroad for 6 months or so and been readmitted, with no problems. Hopefully you'll experience the same. The fact that you remained outside the US for at least 6 months or more before seeking readmission now should be in your favor, as the first thing CBP does is seek to determine how long in total you've spent in the US during the last 12 months total. Your 'US citizen son", however, is viewed as an "anchor baby" by CBP and could create some animosity and closer scrutiny by CBP at the airport or POE. Kindly be aware of that eventuality.
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Elizabeth Kozycki ·
Your biggest concern will be proving that you are not planning to overstay your I-94 document and that you have significant ties to your home country because you have a U.S. citizen son. There will be a presumption that you want to stay and be near him. So long as you can prove you are returning, you will probably not have any issues.
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Kristin D Figueroa-ContrerasImmigration AttorneyMiami, FL ·
When you were authorized only 2 weeks' stay at the POE, didn't the officer also make the notation "no EOS/no COS". While USCIS does not have to abide by this annotation, this will be relevant the next time you arrive at a POE. Your departure would have resulted in an abandonment of the I-539 extension of stay application and you are not forgiven for any overstay days during the time your I-539 was pending. There is a very good chance you will have problems at the POE, even if you fly in to a different POE.
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