Visa question: I-539 and deportation and others

Paperwork a friend filed for his wife, in the US on a K-3 visa, was rejected. He filed I-539, to extend her visa (which was issued for only three months once she reached the US), which was denied because the paperwork reached the processing center too late. The initial paperwork was received on time but by the wrong processing center: my friend mailed it to the wrong center. They sent it back, and by the time he sent it back his wife’s visa to stay here had expired.

Question 1: the response, he told me, says there is no appeal. Nonetheless, what can he or an immigration lawyer do? (He never went through a lawyer before, should he go through one now?)

Question 2: if nothing can be done, and she stays illegally, will it hamper anything when she gets her green card later this year? (He’s expecting her to get her green card in about six months.)

Question 3: he also filed for work authorization, will this affect that?

Question 4: if nothing can be done, and if work authorization will not be given, how long before he’ll have to send his wife back?


IANAL, but I worked as a legal assistant in a non-profit immigration attorney’s office.

There are members here, as you know, who are lawyers and/or work in immigration, but the issues you raise do, in my opinion, have some potentially very serious consequences. I would definitely run them past an immigration attorney. You may want to call Catholic Charities or Lutheran Social Services, as well, to see if there are non-profit organizations in your area that can help you if you qualify.

The most important thing to do is to protect your status and pending applications for residency.