Pending Status Application Guidance

Summary

If your legal status expires while your Change of Status application is pending, you are typically in a period of authorized stay, meaning you are not accruing unlawful presence. However, if your application is denied, unlawful presence generally starts from the date of denial. It is important to monitor communications from USCIS and act promptly if your application is denied to avoid accruing unlawful presence. Consulting with an immigration attorney can provide further guidance and help you understand your options.

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If my change of status application gets denied, will I accrue unlawful status from the date of denial of my application or from the date of termination of my status?
If your Change of Status application gets denied, unlawful presence generally begins to accrue from the date of the denial, not from the expiration of your previous status. It's crucial to act promptly after a denial to avoid accruing unlawful presence. Consider consulting with an immigration attorney for guidance.