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BCIS Discusses Unlawful Presence in Change of Status and Extension of Stay Context April 2, 2003 A field guidance from Thomas Cook of BCIS forwards an opinion indicating that unlawful presence can be accrued where a timely-filed extension or change of status was denied, even if another extension of stay or change of status application was filed while the first application was pending but after expiration of the initial stay. Click
here to view the entire memo. |