I have applied to extend my parents’ B-1/B-2 extension for another 6 months, and it is currently in processing. Can they continue to stay in U.S. legally until we hear back from the USCIS?

Answer

Individuals are generally considered to be legally in the U.S. based upon the filing of a timely request to change or extend status–but only for the lesser of the time permitted by or requested in the extension. However, tourist extensions can be risky. Most genuine visitor purposes can be accomplished in less than six months. If a request is filed and denied, the person is out of status and their visa will be voided. (21.Apr.2014)

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