| 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)
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