angeleyes

I have been told by several Czech friends that it is possible to apply for an extension of the 90 day I-94, by using a I-539 application. Does anyone know if this classifies as an overstay while application is being processed (in the event of it being denied that is)

thanks...and hello to all you ex -pats I have really enjoyed reading this forum today...nothing like British / Irish humour!

Bob

Probably get more luck posted in the visa section, could move it for you if you want.

Anyway, probably couldn't get it extended, not on the VWP, but if on the B1/2 you can apply for an extention, chances are it'll be denied though.

angeleyes

Thank you, if you could - I should have spotted that section myself!

MightBe

http://uscis.gov/graphics/formsfee/f...iles/i-539.pdf
You cannot do this on a Visa Waiver.. but possible on a B-1/2

angeleyes

Hi there - just to update everyone and give some free advise - I DID get my visa extension from a I-94 To I-539
It was sent out to me on March 28th - no problem!

And I admit, that the girl I spoke to in the Immigration Dept told me the same thing as you guys on here...don't waste your money or your time applying - seems even the USA dont know what is and what isnt acceptable....

crg

Hi,

Why would a Czech (who can't use the visa waiver program) know anything about the visa waiver program?

You cannot file an I-539 or anything else to extend a visa waiver admission. You can only adjust based on an Immediete Relative petition or depart.

Later.

angeleyes

Excuse me, I HAVE the extension in my hand! it is valid for 6 months

and why would a Czech not know? they have eyes and ears just like us and are quite knowledgeable about immigration

crg

Did you enter on a green form I-94W?

angeleyes

yes I did

crg

Are you sure you didn't just get a receipt that they got your application and your money? I assure you there is nothing in the law that allows for an I-94W to be extended as you describe. It's a fact. If someone at USCIS approved such a thing, they need to have their employment terminated.

angeleyes

For the non believer

"Application Type: I539, APPLICATION TO EXTEND OR CHANGE NONIMMIGRANT STATUS

Current Status:

This case has been approved. On March 28, 2005, an approval notice was mailed. If 14 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please call the National Customer Service Center at (800) 375-5283.

angeleyes

I got the receipt you described on March 8th and the notification March 28th - perhaps they have changed something......anyway its all I need for now.

crg

Hi,

Apparently, someone dropped the ball.

When was this application filed? Let us know if/when you receive the notice and what it says.

Even if you get the approval for some freaky reason, I'd suggest that you seek an actual visa prior to your next visit because what you did, and what may have been approved is in violation of the law.

The back of the I-94W which you signed stated:

Certification: I certify that I have read and understand all the questions and statements on this form.

It further states:

WARNING: You are authorized to stay in the U.S. for 90 days or less. You may not apply for: 1) change of nonimmigrant status; 2) adjustment of status to temporary or permanent resident unless eligible under section 201(b) of the INA; or 3) an extension of stay. Violation of these terms will subject you to deportation.

You signed this document, then violated the terms of your admission by applying for an extension. I'd suspect that once the 90 day mark passes you're subject to removal under section 217 and 237(a)(1)(C) with a 10 year bar without ever seeing a judge.

You'll probably make it out without being encountered, but you may want to obtain a visa before seeking admission in the future.

Good luck.

angeleyes

I have done nothing wrong - I answered ALL the questions honestly and returned my I94 with appliaction - I really do not see how I could be barred for ten years or deported. It is my intention to leave in two weeks - I hac pneumonia and wasnt ready to travel....thanks for making my day

crg

Are you 100% sure that you filled out a green form at the border? Do you have a visa from the US government stuck in your passport with your photo on it? It's just so incredibly unbelievable that USCIS would approve such a thing.

It wasn't my intent to get you upset, but many people read this forum. I hope they don't think this is something that is allowed under the law. It could cause untold hardship for so many people if they think that an I-94W can be extended. It's written right on the form that you're not even permitted to file the application.

I'm glad to hear that you're feeling better.