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Main Timeframe
12/2019: My parents came to the United States with a B2 visa, originally planned to leave in 05/2020
04/2020: Due to the epidemic, the application for extension was submitted for half a year to 12/2020
11/2020: Because we didn’t got for fingerprinting or any notice, I called USCIS customer service to ask if I should continue to apply for another new extension. At that time, the customer service said that there was a backlog of cases and they couldn’t handle them at all. I was told that we only need to file the application for extension it once, and then wait for the approval before continuing to extend it, so I follow their suggestion and continued to wait.
06/2021: We receive a fingerprint notice and go to USCIS to complete the fingerprint
10/2021: My parents left the Unit States
11/2021: I received the USCIS Case Notice saying that the extension has been approved, but the extension was given to December 2020 according to the original application.
My Question:
1. Is their status between December 2020 and October 2021 considered as legal or illegal? It seems that if the result of i539 is pending, and even I-94 is expired, but it is allowed to continue to stay in the United States (Authorized Stay), and does not accumulate Unlawful Presence, is that true?
2. If it is illegal, can they come to the United States again in the future?
Appreciate it for any suggestion. Thank you.
12/2019: My parents came to the United States with a B2 visa, originally planned to leave in 05/2020
04/2020: Due to the epidemic, the application for extension was submitted for half a year to 12/2020
11/2020: Because we didn’t got for fingerprinting or any notice, I called USCIS customer service to ask if I should continue to apply for another new extension. At that time, the customer service said that there was a backlog of cases and they couldn’t handle them at all. I was told that we only need to file the application for extension it once, and then wait for the approval before continuing to extend it, so I follow their suggestion and continued to wait.
06/2021: We receive a fingerprint notice and go to USCIS to complete the fingerprint
10/2021: My parents left the Unit States
11/2021: I received the USCIS Case Notice saying that the extension has been approved, but the extension was given to December 2020 according to the original application.
My Question:
1. Is their status between December 2020 and October 2021 considered as legal or illegal? It seems that if the result of i539 is pending, and even I-94 is expired, but it is allowed to continue to stay in the United States (Authorized Stay), and does not accumulate Unlawful Presence, is that true?
2. If it is illegal, can they come to the United States again in the future?
Appreciate it for any suggestion. Thank you.
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