Ds160 and unlawful present?

My status L2, but visa and i94 were expired in January 2021.
I filled form i539 on September 2020, still status: case was received. So far I am in authorized staying.

If I leave USA in April to get passport stamping , will period from Jan to Apr count toward unlawful present (overstay)?

What should I answer on question about Have you ever been in unlawful present…in form ds160?

Thank you

You can answer ‘no’ as staying in the US while your L2 extension is pending is considered legal.


I hope you’re doing well.

I am in an odd situation and need some help. My parents were here in USA last summer on B2. Because of COVID-19 situation, we decided to file for extension. We completed the fingerprinting as well. But probably because of lots of backlog at USCIS, it took too long to process my father’s case. They left the USA while their cases were still being processed. After few months, I got denial notice for my father and my mother’s case is still pending. Now, their visa has also expired (10 years) so I am planning to apply for new visa. I have a question regarding one DS-160 question.

Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa? (Yes/No)

Should I say NO, since he left the country BEFORE the application was denied? How should I answer for my mother whose extension is still pending.

Please help.

1 Like

You can answer ‘No’ for both your mother and father as they were legally present in the US with a pending extension.

The unlawfulness starts from date of denial.

Just produce all proofs of extension application if asked by the visa officer in US embassy.

Hi. Saw this post. Same boat. Any update on your parents’ visa renewal? Did they file n get it?

I should have some update on this next week. BTW, I entered YES to the question asked in my post and gave the explanation.

I can confirm that visa was issued. Hope this helps.