Should she stay or should she go?

[monxher]

Hi all,

I'm hoping I can get insight from others who may have possibly been in this situation.

My aunt came in with a b1/b2, she applied to extend and she received her biometrics appointment. Unfortunately, neither she nor her daughters knew that they could check the status of their application online, and they missed her appointment by 1 day.

She called USCIS and they told her that it would be automatically rescheduled. She is now worried and wondering if she should leave the US on the expiration date of her stay - 02/16/22 or just stay and wait for her appointment.

Her daughters are US citizens and their hope is that they can apply for her adjustment of status come July when they turn 21. Our concern is that if she were to leave on the expiration date of her stay, it would more difficult to adjust her status but she also doesn't want to overstay, even though the USCIS told her that her appointment will be rescheduled and that she was technically already "out of status."

We reached out to a few lawyers and are waiting for their call back. Any insight or thinking would be appreciated.

[flyingron]

If she came in legally, and made a timely application to extend, she's free to stay until they tell her that the extension is denied. Then if she promptly leaves, it won't be a problem. You don't accrue unlawful presence while things like this are pending.