If you’ve filed an application or petition with USCIS lately, you’ve probably noticed that receipts have been substantially delayed. Many people are waiting six, seven, eight weeks or more for receipts. Below is an announcement from USCIS about the delays at their Lockbox facilities, along with some tips about filing. Hopefully, once we have new leadership at the agency, we will start to see some improvement. Also, of course, if we turn the corner on the pandemic, that should help as well. Anyway, below is the USCIS announcement, and I have added relevant links, for your enjoyment–
USCIS Updates: USCIS Lockbox
The USCIS lockbox facilities have received a significant increase in filings in recent weeks. This increase, along with facility capacity restrictions necessary to protect the health and safety of the lockbox workforce during the COVID-19 pandemic, is causing significant delays for processing receipt notices. We continue to work to minimize delays. Once we process your submission, we will review your package.
If you properly filed your form, we will send a receipt notice to the mailing address provided on your form, normally within 30 days. If your submission is incomplete or improperly filed, we will reject it per current procedures.
You can take steps to decrease the time it takes us to process and send your receipt notice or find out the status of your case:
· File online (if this option is available for your form type) and receive immediate confirmation that we have received your form instead of waiting for the mail;
· Create a free USCIS online account and check the status of your case from your mobile device, anywhere, anytime using our case status online tool; or
· Complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the front of your form to request a text message and/or email when we accept your form.
We also encourage you to follow the tips below when submitting evidence with your application package:
· Review the form instructions and checklist of required initial evidence on the form webpage (if this option is available for your form);
· Submit single-sided photocopies of requested documents, unless the form instructions specifically state you must submit an original document;
· With the exception of passport photos, please copy photographs to an 8.5”x11” sheet of paper instead of sending originals. Always send in original passport photos where requested;
· Submit only the required evidence and supporting documentation listed in the form instructions. If we need additional information, we will request it from you; and
· If you cannot provide the required primary evidence when filing a form, review the form instructions for appropriate secondary evidence.
For more information about USCIS filing tips, please visit our Form Filing Tips webpage.
Here’s a couple bonus tips from me (Jason – not USCIS). Sign up for informed delivery with the U.S. post office. With this service, you will get an email with photos of all the mail that is coming to your house. That way, if USCIS sends something important (and I suppose most USCIS mail is important), you will know in advance to expect it. Also, when you send your application to USCIS, send it by certified mail (we generally use flat rate mail through the U.S. postal service, which costs $7.75), so you will be able to track whether it was received. Finally, if you have to pay a fee, use a personal check, if possible. That way, you will know when the check is cashed and if you get a copy of the check from your bank, it should have the USCIS receipt number stamped onto it.
Hopefully, we will soon have a new Administration that will do a better job managing USCIS. Regardless of that, the more you can do to track and monitor your applications, the better.
Hello. I sent my EAD renewal to Chicago dropbox exactly 3 weeks ago, but I have not received any receipt. I had included form G-1145, and I have also not received any text or email. From USPS tracking, I see that the package had been delivered successfully to the P.O. Box location.
Is this still considered a normal timeframe? I understand there’s a huge backlog in Chicago dropbox. How long do you think I should keep waiting until I need to contact someone? And is it a good idea to resend the application package if I have not heard anything, let say, in a couple of months? My renewal is based on the status a(10) and I understand that I get the automatic extension. But it would be nice to officially get a new card before the current one expires in August. Thanks.
There are lots of long delays still, though some cases seem to be moving faster. I think there is not much you can do, and so I would give them a few more weeks. Certainly, I would not send a new application when you know this one was received – that could just make a mess. Take care, Jason
Just a quick update to those who are following this thread. I finally received a text message that my application has been received.
Chicago Lockbox
USPS tracking package delivered Feb 10, 2021
Text message received Sunday, March 14, 2021.
So it took just over a month.
Thank you for sharing this. Of course, it is ridiculous, especially given how much money people are paying for many of these applications. Take care, Jason
Hello,
Anyone has an update about receipts? Did anyone recently receive a receipt notice? If yes, can you please share your timeline. I sent my application 10weeks ago and have not yet received a notice. I know there is a delay but 10 weeks is very frustrating and you cannot speak to a live person from USCIS.
PS: application was sent to Dallas lockbox.
Thank you
There are big problems at the lockbox – if you follow the link under Resources called USCIS Ombudsman, there is an announcement about that. Ten weeks is too long, though. Make sure it was sent to the correct address. Otherwise, you can keep trying to call – it is possible to reach someone, but not easy. I guess you can try to re-send the application. If you do that, include a cover letter explaining that you sent the application but had not heard anything for 10 weeks. I might give them another week or two about this, but it seems like something is not right. Good luck, Jason
Just have to tell you stay strong Tina. I was in the same boat as you. I did a shortlist and took the case on a few days notice, the interview was horrible and i expected bad news but only to receive an approval last week. Stay strong and all will be ok. Like Jason said the Interview plays a big role but so many other things are put into consideration when determining the verdict. My timeline is applied December 2016, shortlist January 2020, interview September 2020 Newark office. Thanks a lot Jason for keeping us encouraged and good luck everyone.
Hi Jason,
I applied for TPS and asylum in 2015. I did not hear any thing. Now, my daughter filled for me as she is US citizen. Shall I withdraw my asylum and TPS application or wait? Thank you
I think the better approach is to wait until you get your green card and then inform the asylum office. They will withdraw your asylum case. As for the TPS, it is temporary and will expire automatically, and so I think there is nothing you need to do for that. Take care, Jason
Dear Jason,
My green card application was mailed to USCIS since November 23th and I haven’t received a receipt yet. I included the medical and now I am concerned that it will expire and delay the process further more.
I think that is not a concern. As long as it was received when the medical exam was valid, the exam should remain valid for the duration of the process. In the worst case, if USCIS considers it expired (which again, I think will not happen), you could just re-do the exam and submit it again.
Hi Tina. Actually it may be a good sign. I dont remember the source, but I once read that AO are trained not to let you guess the outcome. Therefore when it’s an appproval, they may go out of their way to make you feel like it’s a referral. Don’t lose hope, they say you never know how strong you are until being strong is your only option. Take Care.
Hello Jason,
So my EAD card will expire on Feb 2021… I filed for EAD on Nov 2020 and I haven’t received a receipt yet!! I’m really worried that my EAD card won’t be renewed in time (or rejected or not processed!) and that will impact my full time employment status… I have two questions asking for your feedback please.
1- Should I quit my job if I haven’t received my EAD before the one that I have expires?
2- I’m hearing that the EAD card is valid for 3 months after its expiry date?!! Is this true?
Thank you so much.
At lot of people are seeing delays, and so I expect you will get the receipt relatively soon. 1 – If your EAD is based on asylum pending (c-8) and you work after the card expires and before you have the receipt (which extends the old card by 180 days, assuming you filed to renew prior to the old card’s expiration date), there is no effect on your asylum case. Other types of applications (for example, applying for an employment-based green card) might be affected by the unlawful work, but an asylum case is not generally affected by that. 2 – It is valid only until the expiration date, but if you filed to renew before the old card expires, the receipt for the new EAD will extend the old EAD by 180 days. Take care, Jason
Nobody gonna notice that ur ead expired, don’t quit, ur ssn is valid even if it is mentioned that it is work with only dHs , there is no system to stop ur ssn here , even if ur on deportation
Hey Dear Tina
I don’t think I need to tell you what an incredible miracle you are but maybe you need a reminder.
Maybe people didn’t notice, because they were so distracted by their daily tasks, but the powerful, unseen forces certainly did. The earth shook, and I heard the ever-silent angels sing the most wondrous melody. The energy of that unseen life-force that sustains this world zinged and zapped with the tremendous shift of energy that you always bring into to this forum.
When bad things happen, you just need to lower your head, gather that amazing inner strength of yours, look up, and smile in their face.
When I read your post, all I could read was despair and sorrow but let me comfort you with my own experience. Indeed, I was interviewed over 4 years ago and I also thought my interview didn’t go well. Before my interview date, I had spent 3 sleepless nights with severe diarrhea but my interview lasted almost 5 hours. Soon after interview, I was admitted to the hospital. To cut the long story short, from my person experience, I don’t think that the interview alone can decide the outcome of the entire application. I would encourage you to stay positive until you hear something from them and even if you are referred to court, I trust that you can still make it.
I have also leant that asylum is 90% a matter of luck and of the IO’ s feeling. Otherwise, I would have been granted asylum along ago.
I know that when you look ahead, you can no longer see yourself having the thing you have been fighting for, hope has faded yet you have millions of reasons to have hope as you are alive. Everywhere across the globe, it seems as if the bad and the strong always win, while the good and the meek always lose.
Oppressors become stronger to oppress even more, while the gentle ones suffer until they succumb.
I don’t want to write a book but please, stay positive and don’t give. Look at your children and tell them they will grow up in this country and will have a brighter life
This is beautifully written (and maybe you should write a book!). One point I want to emphasize – I agree that the interview alone is not determinative of the outcome in many cases. It depends on the evidence in the case. Take care, Jason
Thank you Jason.
Most of my friends who are university professors always urge me to write books but the depression caused by the lack of legal status keeps killing me. Hope someday I get there.
Me and me,
Thank you so much for this.
You brought tears to my eyes.
God bless you for this outpouring of strength at a time like this.
Tina,
I sincerely hope I have the pleasure to meet you one day. The poster above (@me and me) so eloquently put into words what you need to hear. Stay positive. I also thought my interview was bad but I was pleasantly surprised when I received the approval letter. I have been separated form my family for so long that I am sure I’m now a stranger to some of them. My son is now 2 and I have only met him once on vacation. I was stuck in the backlog for years before being interviewed. Once I was approved. I went through serious financial troubles, no job, no help. I only applied for AOS after 2 years of physical presence in the US. Now my application is stuck in another backlog. Applied for RTD 3 times. I don’t remember how many times I applied for EAD. We face discrimination based on our status; our national origin, and yet most asylees are amazing people. It is such a shame that this administration just decided that we as a whole do not matter (I really don’t listen to the excuse they give about COVID; actions speak louder than words) He is the Andrew Jackson of our time. A dark episode in the history of this country. I want to believe help is on the way. I want to convince myself we will again be treated like humans and not people that are trying to cheat the system.
I’ve been through depression as well. When I feel down, I play this scene from the lord of the ring. The conversation between Frodo and Sam “it like the old tales Mister Frodo. The ones that really matter. Sometimes you don’t want to know the end. Because how could the end be happy? …But in the end, it’s only a passing thing…a new day will come; and when the sun will shine, it will shine out the clearer” This somehow gives me hope.
You are very welcome Tina. We are in this all together and a friend in need is a friend indeed
Dear Jason and everyone else here, happy Holidays to you all.
Can someone please share their timelines, how long did you guys had to wait to get the receipt and seeing that your check was cashed from the moment you filed for work authorization?
Please kindly advise
I filed more than 2 months ago and still have no receipt and my check was not cashed yet 🙁
Thank you so much everyone for your help
I think this is pretty common – some people seem to wait longer; others shorter. Let’s see if anyone else comments about their time frame. Take care, Jason
My docs were accepted by the Texas center on November 23rd. Nothing since then (no 797, no check’s cashing).
Applied for RTD, docs were delivered on November 4th. Still nothing…
On the USCIS web-site “Receipt date for a case inquiry” date was just moved by 3 weeks back today for all Travel documents. So I’m not expecting any good news soon…
Hi Jason
I want to let you know that I applied for EAD RENEWAL C08 catering and received my receipt today. As you know it automatically extends our current EAD for 180 days and i wanted to know if 180 days counts from today when i got my receipt or from the day when my current one expires?
As I understood from receipt that it counts from the day when my current one expires.
Please let me know.
Thanks
The 180 days starts on the date your old EAD expires. This rule only applies to people who file to renew before the old card expires. Take care, Jason
Hi Jason,
Hope all is well with you; I applied for asylum 2017; had my interview on 02/2018; heavy case and interview went great; I still don’t receive anything from USCIS regarding my case; visited Newark office 4 times; nothing special happened and I’m still waiting for my decision. In the mean time I applied to renew my EAD card (2nd EAD card) around 09/2020; I received the receipt notice on October; after checking my receipt number in USCIS website on October 15th; I find that my “Case was updated to show fingerprints were taken” and I was waiting to receive my approval notice(EAD card will be expire on 01/01/2021) but today I received the biometric appointment notice to do my fingerprints by end of this month.
Do you think Is this a normal procedure since they charged me for biometric appointment(although their website shows they waived my fingerprints)? or it can be some sort of signal regarding my asylum case ?
You can check the biometric letter to see whether it is for the I-765 (EAD) or the I-589 (asylum). My guess is that it is for the EAD, and so is not related to your asylum decision. It seems pretty common that some people get biometrics and others do not, and that the appointments are coming at random times after filing the application. So I see nothing unusual about any of that. As for the decision, you can email the asylum office about that; you do not have to go in person. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Tina, I have noticed your absence and was wondering why. I am so sorry you feel that way but I pray for you to receive an approval. Will keep you in my prayers and thoughts.
Ify
We are all hoping for the best. Keep in mind that this time of year, everything is slow (on top of everything already being slow). Happy Holidays and Take care, Jason
To give everyone an update on the travel document timeline.
Applied for one with a green card application in April 2020. Received a mail with the document today. Took more than six months the website promises. Was trying to file a “outside a normal processing window” complaint but the system wasn’t allowing (“your case is within the normal processing window”).
I am glad you got it, but eight months is really long for something that is very basic. Thank you for letting us know. Take care, Jason
I applied for my applied Travel document for the 3rd time e with a green card application back in August 2020, I accepted that probably will not get the document maybe until March or May 2021.
I applied for a Travel document for the 3rd time with a green card application back in August 2020; I accepted that I probably would not get the document maybe until March or May 2021.
Applied for RTD, docs were delivered on November 4th. Still nothing…
On the USCIS web-site “Receipt date for a case inquiry” date was just moved by 3 weeks back today for all Travel documents. Now it’s up to 9 months wait. So I’m not expecting any good news soon…
Hi Jason,
I am an asylee and I applied (I-485 with paid fees) for the green card over a year ago which is still pending. My EAD card will be expired soon and I want to renew it.
Based on I-765 instructions I should file under A5 category (they put specific notes for such cases). But based on rules on Page 15 for Adjustment of Status Categories I have to pay fees only IF my I-485 is pending AND this is not an initial EAD AND I didn’t pay I-485 fee.
In my case, since I paid I-485 filing fees, I should not pay fees for I-765. Is it correct?
If yes, what should I send with I-765 (like attaching the receipt of my I-485 form) to be eligible for free renewal of EAD?
Regards, Roman
We used to attach the receipt for the I-485 in lieu of payment for an a-5 EAD, but that has not worked the last few times we tried it. You can try it, but I do not know whether it will work. Maybe include the instructions you found on the subject with your application and that will help (highlight the relevant portions). If that does not work, you can just pay the fee to renew (be careful, as the fees keep changing, so check the I-765 instructions about the amount). Alternatively, you can also submit a fee waiver form, I-912, available at http://www.uscis.gov, if you are eligible for that. Take care, Jason
Hello Roman , if you don’t mind asking which state did you apply from ? I have been waiting for i486 2.5 from Florida .
We did apply from Florida 12 months ago.
Hi Tina, Do not lost courage. I know its hard, anxiety and stress have characterize my stay here but I use this blog as my support group. We will go through this. I expedited my interview in 2018, was interviewed but no decision, I have written to the asylum office like 6 times, use congressman but no change. They don’t care about us or what we feel. Hope I will wake up from this dream soon.
ROMAN,
Same situation. I agree that you don’t need to pay another time. I still included a $410 check. But they haven’t opened my package (no 797 nor text messages that documents were accepted) yet.
For most people, the fee is now $495 (unless you are a member of ASAP or Casa de Maryland). Check the I-765 web page at http://www.uscis.gov, which I think provides info about this. Take care, Jason
Dear Mr, Jason , my first application for renewing of EAD was returned with a notice that my fee check was incorrect they didn’t specify what was incorrect with my check the amount was $410 , So I submitted another application with fee of $410 ,as you said that the uscis increased the fee by $495 , so do you think they will return my second application as well ?
Thanks
Hopefully the $495 is correct. That is now the fee for most applicants. Take care, Jason
Yeah, I did include a check as well.
Dear Jason I have a concern. I was granted political asylum. My daughter is derivative . When she was on the application she was minor . On the i485 I am answering for myself that I have been associated with the political party that I belonged that suffered prosecution in my home country in the eligibility part . but for her , should she fill this section out on i485 also . It was many years ago and we don’t know if she counts as being associated with this party , because she did suffer prosecution for me being part of it years ago. I was the member but she was just a little girl back then . What do you think ? I don’t want her to get denied for not properly answering this. Thank you
I do not think this is an issue – I believe the question asks about memberships for the person filing the I-485. And so if she was not a member, she does not need to list that organization. If you are not sure, you can circle the question and write “See cover letter.” In the cover letter, you can explain that she was not a member, but that her mother was a member (or whatever the situation was). As long as you explain, she should be fine. Take care, Jason
Hi Jason , I hope you are fine
There is new update by the USICS, I did not clearly understand it but it seems to be that they will now require more AOS applicants based on asylum to show up for an interview! Can you explain this to us? thank you!
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20201215-RefugeeAsyleeAOSInterviewGuidelines.pdf
I don’t understand it myself. They are talking about who gets interviewed for AOS. Whether it means that more people or fewer people will be interviewed, I do not know. It seems like more nonsense to me, but we will have to wait to see how it affects the interview process (if at all). Take care, Jason
Hi Jason,
I am applying for the renewal of my EAD which expires in June 2021. I filed my Asylum application in 2015. I have a couple of questions.
1. Do I need to register for one of the organizations(ASAP, CASA) before filing the EAD renewal.
2. The application form is very different from before. Do I need to fill and include PART 5 and PART 6 of the form even though I am filling it myself? If I include, do I just write N/A in every field on those pages or leave it blank?
3. Lastly, do I have to answer question 30.c if my answer to 30.b is “yes” or I can leave it blank?
I would be grateful to you for your response.
1 – no; you can renew normally, but you have to pay the fee + biometrics (I think if you are a member of one of the organizations, you can avoid the biometric fee, but I am not sure – you have to check the I-765 web page at http://www.uscis.gov). 2 – If there are parts of the form that you are not filling, you can write N/A in those. 3 – Sorry, I do not know the case, and so I cannot answer specific questions like that. Take care, Jason
Hi Jason, if we are renewing EAD for third time under C08, do we still need to send them a copy of proof of arrival at legal port of entry and copy of last Biometrics?
Thank you!
I would send those things. There is no harm in sending too much, and USCIS is arbitrarily denying cases that are missing documents that they want, so better to send it. Take care, Jason
Hello Jason,
Thank you for this website and your great efforts in helping us.
I applied for i-131 more than 6 months ago but they still have not processed it yet. I tried to expedite but they rejected it. How long is the wait time these days? and what are my options at this point? (Should I write a letter to the congressman? Do you have any other suggestions?)
Thank you!
You can check processing times at http://www.uscis.gov, but everything these days is very slow. You can try the USCIS Ombudsman – a link is at right. They sometimes help with delayed cases. You can also try the Congress person. I guess you could also do a mandamus lawsuit to try to get a decision on the I-131, but that seems pretty extreme. I would start with the Congress and the Ombudsman. But hopefully, the case will be processed on its own pretty soon, as 6+ months is a long time to wait for the I-131. Take care, Jason
On the USCIS web-site “Receipt date for a case inquiry” date was just moved by 3 weeks back today for all Travel documents. Now it’s up to 9 months wait. So I’m not expecting any good news soon…
Hi Jason
I hope you are well. I’m Asylee ,On October 14, 2020 I received an Email from USCIS indicating that my i-730 case was sent to Department of State for visa processing. I didn’t receive an Email from NVC and called NVC yesterday to ask for my case number and invoice Identification number. They gave me the Numbers I needed to check my case. When I’m checking my case on the CEAC website, I see this message.
Please be advised that the case that you have attempted to access is not eligible for further processing by the National Visa Center at this time. Please contact the National Visa Center if you believe that you have received this message in error.
Also when I’m checking Visa application status I see this Message.
At NVC , If you case is processing electronically, please log into your CEAC account at ceac.state.gov/iv with your NVC case number and 16 digit Invoice ID for case status and to learn what steps you must take to advance your case.
Do you know what can I do and what does these messages mean .
Thank you for helping.
I am not sure what that means – There is a link at right called I-730 Family Reunification Manual. You may want to take a look at that to see if it gives you any ideas. Otherwise, you may want to talk to a lawyer about this. If you cannot afford a lawyer, I did a post on September 22, 2016 where I give some tips about finding a free lawyer. You can also reach out to your Congress person, as they can sometimes help with I-730 issues. Take care, Jason
Deal Asylee,
Would you please share your I-730 timeline and centre you have applied from?
Thank you
Hello,
I’m in a very similar situation to you. Have you seen any changes on CEAC websites? please share how did you get out of this situation?
Thanks
Hi Jason me again,
You may remember about my case that I gat an acceptance for expedite request for decision they said my case at the last step of processing want wanted us to wait around 30 days. After 30days we sent another inquiry to learn why we did not get decision. They now said even though expedite case has been approved, there is an issue with the background check. They are working on this now but cannot give me an estimated time frame of when processing will be complete. They have advised me to follow up again in another 30 days.
How do we interpret this I applied 2016 oct, interviewed march 19. What issue could be there for background I am here in US since 2010.
The background check is a very common source of delay at the Asylum Office (but not for Immigration Court cases). I do not understand why these checks are such a problem, but apparently, much of the process is our of their hands, and they cannot control it. At some point, if this carries on too long, you could file a mandamus lawsuit – we wrote about that on October 2, 2018. Otherwise, all you can do is continue to follow up and hopefully they will be able to issue a decision soon. Take care, Jason
Hey,
Can anyone of you share with me if you guys are waiting for asylum decision on an interview already conducted? How long is taking for you to get the decision, which asylum office did you do the interview?
Hi Elle
I was waiting 14 months for my decision
LA office
Oh waw thats a long time. Did you contact the office during this time to inquire about the decision ?
How about you? Tell your story first Elle.
I was interviewed more than 4 years ago at Chicago asylum office and still crying. I was informed that they would like to interview me for the second but this might be possible in 2050
We have a number of such cases, but wait times are completely unpredictable. Some cases are waiting a few weeks; others are waiting years. I think there is something like 22,000 cases that have been interviewed and are waiting for a decision. You can always contact them and inquire – you can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
We waited a decision for 9 months back in 2017 from Chicago office. Got it on December 24th! Best Christmas gift ever!
Hi Jason,
Thank you for your time and affords on updating on us about the changes on Asylum in the US.
I have applied for asylum on April 2016 and still have not been interviewed yet.
My wife who is a derivative on my application on the initial application wants to apply Asylum on her own
based on FGM, My question does my wife has a chance to submit a new application even do we have
passed the one year deadline and if we can’t submit now a new application, can we add my wife claims to
my application?
If my wife can submit a new application does the deadline for Jan 11 2021 still apply to us?
Thank you for clarifying this question.
She can submit a new application, and the one-year bar should not be an issue, as she has been here as a derivative of your case. I do think the January 11 deadline may be relevant to her case, since she is probably not fearful of the government, but rather is fearful of people who performed the FGM, but I do not know her story, so I am not sure. The problem, though, is that the procedure for filing is different for a derivative than for a first-time applicant, and her case will likely just be joined with yours in the backlog. For this reason, it is very unlikely that filing now would help her get an interview, and in general, it is probably not worthwhile, unless you think she has a very strong case and you do not. I think the I-589 instructions, available at http://www.uscis.gov, probably do not talk about filing as a derivative, but maybe they do and you might want to check. If not, you can email the asylum office and ask what to do. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Jason, or anyone ) do you happen to know which year or month Arlington office is interviewing? I will be hitting 6 years pending interview next year
There is no scheduling bulletin, and so there is no way to know. I did just have a case interviewed where the person filed in November 2014, but as far as I can tell, they are not doing cases in any sort of order. If you have a reason, you might try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
We have a friend from Latin America who was here on a tourist visa when the pandemic hit in March. It allows him to stay for 6 months each visit. All flights were canceled and his 6 months was set to expire during that time. He filed the document for an extension with USCIS. It was rejected because of a mistake on the document. He filed the corrected document and got a receipt with a case number on June 26. He remained in the US and is still here. He has not been called for fingerprinting or had any other notification since June. He has been told by friends that if he leaves the US with the case open, he will be considered to have overstayed his tourist visa illegally and he will lose his visa, which is good through 2022, and may be banned from returning to the US. Do you know if that’s correct?
If this is outside your scope, I understand. Thanks for everything you do.
If the case was received by USCIS after his period of stay had already expired, he cannot extend his time here using the form I-539, and so I expect USCIS will reject it. If he is here unlawfully for 6 months or more, and then leaves, he will be barred from returning for 3 years, and if he is here unlawfully for a year or more, and leaves, he is barred from returning for 10 years. He may want to talk to a lawyer to see where he stands, as I do not have enough information to be sure what is the situation. Thank you, Jason