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Posted on 20 Apr 2009
Q.

Practicality & Consequence of a I-290B MTR after a I-539 Denial

Please see my earlier question "Returning to USA on Visa Waiver" for background.

1. If I file a Motion to Reopen is it true that doing so will not stay a loss of status and that I'd be considered to have overstayed as of the expiration of the I-539 denial's 30 days window? Would I be subject to removal proceedings/deportation during the MTR waiting period?

2. I do not expect to win but hope to gain at least 2-3 months that way. From your experience, do you know if that is how long it will take the California office to process a I-290B?

3. If I lost on the MTR would out of status date revert to the original expiration of my I-94?

4. If I left BEFORE I receive a negative MTR decision would I still be considered to have over-stayed?

Thank you so very much!

User's Location: New York, New York, United States of America
Category: B2 Visa (Visitor Visa)
Posted on 20 Apr 2009
A.
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User_thumb_31_Photo_James_Mayock

James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111

www.emvisa.com

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