Tuesday, June 3, 2014

Tardy Application to Extend/Change Status Approved

Mr. A from Nigeria was in status as an F-1 student, but while trying to change schools, he fell out of status. He had relied to his detriment upon a combination of misinformation and bad advice. Days turned into weeks, then months, and the events in his life just kept piling up.

Mr. A consulted with an experienced immigration attorney at Rodriguez & Moretzsohn, who recommended that he apply for an extension of status by filing Form I-539 with a detailed written explanation. The form instructions state that tardy filing “may be excused if you demonstrate when you file the application that: 1. The delay was due to extraordinary circumstances beyond your control; 2. The length of delay was reasonable; 3. You have not otherwise violated your status; 4. You are still a bona fide nonimmigrant; and 5. You are not in removal proceedings.”

Mr. A followed this advice and his application was approved!