Will the 3 year ban apply to me, even though my case was pending with USCIS since October 2014? 2 Answers as of April 28, 2015

I entered US in April 2014. In October 2014, I decided to study here and filed for change of status to F1. My application was denied because it was filed less than 30 days before my I-94 would expire. So I filed for motion as to appeal to USCIS to reconsider. Unfortunately On March 19, I was denied again. Now the situation has become worse as I have exceeded 180 days after my I-94 had expired. They gave me the option to file a motion.

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
I can't really say what will become of your status, not having all the facts in front of me. This is one of those situations when you need to have an attorney working on your behalf to sort out all these issues and make sure that you don't end up being charged for overstaying over a hundred eighty days. My recommendation would be that you retain counsel ASAP to look into this and whether you should file another motion.
Answer Applies to: California
Replied: 4/28/2015
Baughman & Wang
Baughman & Wang | Justin X. Wang
Time period your motion is pending after the denial will not protect you from unlawful presence.
Answer Applies to: California
Replied: 4/28/2015
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