1. Filed a Form I-539 and the 240 days are almost up and no answer from USCIS? What to do now?
I filed a Form I-539 back in September of 2020 to extend my status due board closure of my home country. The case status when checked says pending, however the 240 days are almost up and I haven’t heard any response other than a waiting a biometric appointment. Now that the boarders are open should I leave? what implications would I face if leave before the case has decision.
Mr. Lee answers,
It is difficult to say what will happen if you leave the US at this point. I assume that you filed for a six-month extension or 180 days. USCIS believes that if the intended period of stay exceeds the time that you are requesting, you should file an application to extend even if the first application is still pending. Perhaps the better route at this time would be to file for a late extension before leaving the country. Generally, a person leaving the US during the time of a pending extension would have no problems, but I am not sure that the answer holds for someone leaving the country where he or she has already exceeded the time requested on the pending extension.
2. H-4 Visa Holder Will Age Out Soon
I am a Canadian citizen residing in NYS. I am here on a H-4 visa. I recently found out that I am aging out of my H-4 visa, as I will be turning 21 years old this month. I need help to figure out my options. Is there anything I can do to remain in the United States? I looked into switching my H-4 visa for an F1 visa. I also looked into getting an adjustment of status, as my partner and I would like to get married.
Mr. Lee answers,
I believe that you have mentioned two of the more viable ways that an individual who is aging out can remain in this country. We generally recommend F-1 visa unless there are more viable options like marriage to a permanent resident, US citizen, or nonimmigrant with long-term status. I note that if you have a short-term wish to stay, you can submit an application to change status to B-2 visitor.
3. Renew Work Authorization While in Removal Proceedings
I would like to hire an attorney Also to renew my work authorization while in removal proceedings.
Mr. Lee answers,
Assuming that you still have the application pending which made you eligible for employment authorization, you should be able to renew it while in removal proceedings. Immigration attorneys are available throughout the country – most with a practice in immigration law belong to the American Immigration Lawyers Association.