Mailed Extension Not Yet Receipted While Status Is About to Expire: Should You File Online Again?
A reader reports that an extension application mailed via UPS shows as delivered but has not yet been receipted, and the parents' I-94 is about to expire, so the reader asks whether to file online again. Author Derek Yang points out that duplicate filing would result in double fees with no refund, and explains that an extension filed after status expires may be denied and unlawful presence accrues daily. The article also relays an oral response the reader received from USCIS customer service; the author cautions that this statement has no legal effect and mentions that USCIS made exceptions during the pandemic.
See reader Super Victor's question, my advice, and the feedback he received after calling the USCIS hotline.
Super Victor
Hello Teacher Yang, my application showed delivered on July 1 via UPS. But my parents' I-94 is expiring on July 11. The USCIS online agent said it takes up to 15 days to enter the application into the system after it reaches the lockbox. If I file online again, the previous mailed application won't be refunded, so wouldn't that be two applications? And if they only show case was received on July 15, would those 4 days count as overstay or unlawful presence? Would it have a big impact?
Derek Yang
1. If you file twice, both payments will be deducted and are non-refundable. Therefore, I always recommend filing online whenever possible, especially when time is tight—avoid mailing your application.
2. If USCIS receives or accepts your application only after your status has expired:
(1) Your application will be denied because you are already out of status and have no status to extend, so you do not qualify for an extension. (2) Every day after 7/11 you are accruing unlawful presence, not just from 7/11 to 7/15. The premise that "unlawful presence does not accrue while a case is pending" applies only if you filed your application timely before your status expired.
Due to the current pandemic, USCIS may make exceptions (some readers on this site have reported operations and adjudication approaches that differ from the norm), but if I were you, I would not bet on USCIS making an exception.
Super Victor
Thank you, Teacher Yang, for your reply. However, yesterday I called USCIS, waited for half an hour, and finally reached a [customer service representative]. After the agent heard my situation, she said it was fine and advised me not to file online again because I would be charged twice. I asked what about my parents being out of status? She said that during this special period, USCIS would not penalize such a brief period of overstay because eventually you will receive a receipt number. That is what she told me, so I think it should be okay, although [these conversations] were not sent by email and have no legal effect...
Derek Yang
Ok. Good luck. This pandemic is unprecedented, and multiple readers on this site have reported USCIS making exceptions, such as proactively extending deadlines upon approval. At times like this, I hope USCIS has more humane officers and measures, and I wish all readers on this site smooth approvals.
