Memo on Interpretation of Period of Stay Authorized by the Attorney General( Unlawful Presence)

Thomas Cook's legal memorandum from BCIS Office of General Counsel

It provides guidance to address questions on the accrual of unlawful presence. Specifically, the questions related to an alien who filed an application for extension of stay after the alien’s authorized period of admission expired, but while in a period of authorized stay.
The memo advises that where the alien files a timely application for extension of stay (EOS) or change of status (COS), and where the application is denied, the alien can begin to accrue unlawful presence beyond the date of the denial regardless of whether the alien filed additional, but untimely, applications for EOS or COS. The BCIS Office of the General Counsel further advises that an application for EOS or COS filed after the alien’s authorized period of admission has expired does not have the effect of prolonging the alien’s status.
Thomas Cooks Memo available on internet at USCIS.gov

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