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B2 extension of stay to buy time to adjust status

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  • B2 extension of stay to buy time to adjust status

    Greetings,

    My I-94 is expiring in abt a mth and I intend to apply for I-539 to be in lawful status while my spouse is still waiting for her naturalization. Tho I learned that overstaying is forgiven once u r petitioned by a USC. If my EOS is denied, will I have problems during AOS? I heard some denial notices hv note that removal proceedings will be initiated if the applicant do not leave within the given grace period. I heard u cannot adjust status if u r under removal proceedings.
    However, if approved, will it also lead to ineligibility due to intent issues/fraud? I was inclined to be better off in lawful presence than being out-of-status while waiting to apply for AOS.

    Any advise would be much appreciated. Thanks.

  • #2
    Is your question regarding AOS or EOS? I guess you asked about EOS in context of AOS. If so, then wrong forum. Post here if you have questions regarding EOS, irrespective of your AOS status and we would be happy to help.

    As for your EOS case, what will you cite the reason for extension? this will be crucial.

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    • #3
      Thanks for ur reply orion,

      My question is mainly whether to apply for EOS or not. I think it would be awhile b4 Im eligible to AOS. I want to be sure my EOS whether denied or not will jeopardize my AOS application in the future.

      The reason for extension I will cite is to temporarily take care for my daughter who has a medical condition and finding a suitable childcare would take time.

      Appreciate ur advise

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      • #4
        If your EOS is denied, which probably will be, you will be found deportable. And USCIS will have your address and may report your to ICE and be deported.

        You can not file for EOS to buy time for AOS, that is not a valid reason.
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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        • #5
          With the reason you plan to mention for EOS, most probably it will be denied.

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          • #6
            thanks for ur replies.

            so, applying for EOS would do more harm than just wait for the time for me to apply for AOS?

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