Turnersville, NJ Immigration Law Firms & Lawyers

If your mother leaves by the date that you have requested on the extension request, she should be treated like any other visitor to the US when she attempts to reenter at a later date. She does not need to leave the country before the expiration of the I-94 so long as she has filed a timely extension request and it is still pending. Leaving on a later date than the date requested even while the extension application is pending could possibly lead to problems. I do not know the CBP attitude to that situation. If the I-539 is denied and I-94 already expired when your mother leaves, there is even more of a possibility that she will have further difficulties in returning. 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.

You are not allowed to enter as a visitor to work in the US. That is considered visa fraud and will get you in to a lot of trouble. However you may be eligible for your own work or training visas, depending upon your education and experience levels. These would allow you to enter with the primary purpose of employment/training and you would be able to see your girlfriend at the same time.

Before you do anything else, please go see a competent immigration attorney. Does your husband have any status in the US? Hopefully so, because you have just made DHS aware of his unlawful presence and address. Also, if he entered illegally, he is probably not eligible to apply for a green card in the US, instead only eligible for the consular application. In that case, he will trigger a ten year entry bar when he leaves and will need an extreme hardship waiver to return. Please, seek a consult now so you can fully analyze his case and determine what options he has, and how to handle it!