Edison, NJ Immigration Law Firms & Lawyers

Although this answer may not help you at this point (it being after February 22), anyone who is in the US with a valid B-2 status is allowed to request an extension with U.S.C.I.S. on form I-539 application to change or extend status in the United States. Such application should be filed with an explanation of the reason why an extension is required, proof of financial ability to remain in the US during the requested period of stay without working, and proof of arrangements to leave the US on or before the ending date of the requested extension. A note of caution should be inserted that U.S.C.I.S. denial after the date of valid B-2 status expiration automatically invalidates the visa in the passport. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

Based on the facts you gave, you will still be able to adjust status in the US even with an overstay. To make 100% and to have all facts analyzed see a competent immigration attorney in your region before making any decisions.

Once someone adjusts status to become a Lawful Permanent Resident, prior nonimmigrant visas held by that person become terminated. If you intend to leave the United States for a substantial amount of time, depending upon all of the circumstances there may be steps you can take to preserve your Permanent Resident status despite the long absence. It would be wise to consult with an immigration attorney who, upon learning all of the relevant facts, will be able to advise you about maintaining Permanent Resident status and also about being able to apply anew for nonimmigrant visas in the event you do abandon your current status. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.