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1/17/2008 12:01:49 PM
ㅎㅎㅎ 그 변호사 사무실 뒤집어 놓으실 필요 없습니다. 너무 걱정안하셔도 되구요. 제 사무실 손님 아닌게 일단은 다행입니다. ㅋㅋㅋ
좀 길고 복잡하긴 한데 설명드리자면...^^
체류신분초과전에 시간맟춰 연장신청하면 결과를 기다리는 동안에는 체류가 허용됩니다. 관계법규의 표현으로 "period of stay authorized by the Attorney General" 입니다. 따라서 질문자의 경우처럼 방분자 신분이 끝나기전에 연장신청을 했다면 연장신청이 거절이 되어도 결과기다리는데 걸린기간을 불법체류기간으로 계산하지 않습니다. 단, 기다리는 기간동안 불법노동을 하지 않고 연장신청한 사유가 근거가 있어야 합니다.
연장신청이 거절이 되면 I-94 만료일부터 "Out of Status"가 되긴 합니다. 즉 체류신분이 없어진다는 건데요, 그렇지만 결과를 기다리는 기간은 "period of stay authorized by the Attorney General" 로 인정이 되어서 체류기간을 합법으로 간주해 줍니다. 따라서 불벌체류기간을 계산하는데는 해당되지 않습니다. 이건 제말이 아니고 이민국의 지침서에 나와있는 부분이라 아래에 copy/paste 해 드리니 참조하세요.
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(e) Meaning of period of stay authorized by the Attorney General.
(1)* * * * *
(2)* * * * *
(iv) Date certain nonimmigrants with timely filed E/S and C/S applications. Section 212(a)(9)(B)(ii) of the Act provides that an alien is unlawfully present if he or she is present in the United States without admission or parole or beyond the period of stay authorized by the Attorney General. Section 212(a)(9)(B)(iv) of the Act, however, is a tolling provision that covers certain nonimmigrants. Specifically, if the alien has timely filed a nonfrivolous application for E/S or C/S, the first 120 days of unlawful presence are not counted towards the 3-year bar under section 212(a)(9)(B)(i)(I) of the Act. The Service has designated as a period of stay authorized by the Attorney General the entire time during which a timely filed, non-frivolous application for E/S or C/S is pending, provided the alien meets the requirements set forth below. Aliens who meet these requirements are not subject to section 222(g). See also chapter 30.1(d) of the AFM.
(A) The E/S or C/S application must have been timely filed, as required under 8 CFR § 214.1(c)(4) or 8 CFR § 248.1(b), respectively. The application is timely filed if it is submitted before the previously authorized admission expires, as provided under 8 CFR § 214.2, as applicable to the nonimmigrant class under which the alien was admitted. This requirement may be established by submitting evidence of the date the previously authorized stay expired, together with a copy of a dated filing receipt, a canceled check payable to the Service for the E/S or CIS application, or other credible evidence of a timely filing.
(B) The E/S or CIS application must be nonfrivolous. The application must have an arguable basis in law or fact and must not have been filed for an improper purpose. When applying for a visa at a consular post abroad, the applicant may be required to satisfy additional criteria, as provided in section (g)(1) of this chapter; and
(C) The alien must not have worked without authorization before the E/S or CIS application was filed or while it was pending. Service and consular officers may take a sworn statement from the alien to this effect. Aliens who make misrepresentations to satisfy this requirement become subject to section 212(a)(6)(C)(i) of the Act relating to fraud and willful misrepresentation of a material fact.
(Source: USCIS Memo Re: Section 222(g) of the Immigration and Nationality Act, March 3, 2000)
좀 길고 복잡하긴 한데 설명드리자면...^^
체류신분초과전에 시간맟춰 연장신청하면 결과를 기다리는 동안에는 체류가 허용됩니다. 관계법규의 표현으로 "period of stay authorized by the Attorney General" 입니다. 따라서 질문자의 경우처럼 방분자 신분이 끝나기전에 연장신청을 했다면 연장신청이 거절이 되어도 결과기다리는데 걸린기간을 불법체류기간으로 계산하지 않습니다. 단, 기다리는 기간동안 불법노동을 하지 않고 연장신청한 사유가 근거가 있어야 합니다.
연장신청이 거절이 되면 I-94 만료일부터 "Out of Status"가 되긴 합니다. 즉 체류신분이 없어진다는 건데요, 그렇지만 결과를 기다리는 기간은 "period of stay authorized by the Attorney General" 로 인정이 되어서 체류기간을 합법으로 간주해 줍니다. 따라서 불벌체류기간을 계산하는데는 해당되지 않습니다. 이건 제말이 아니고 이민국의 지침서에 나와있는 부분이라 아래에 copy/paste 해 드리니 참조하세요.
-----------------
(e) Meaning of period of stay authorized by the Attorney General.
(1)* * * * *
(2)* * * * *
(iv) Date certain nonimmigrants with timely filed E/S and C/S applications. Section 212(a)(9)(B)(ii) of the Act provides that an alien is unlawfully present if he or she is present in the United States without admission or parole or beyond the period of stay authorized by the Attorney General. Section 212(a)(9)(B)(iv) of the Act, however, is a tolling provision that covers certain nonimmigrants. Specifically, if the alien has timely filed a nonfrivolous application for E/S or C/S, the first 120 days of unlawful presence are not counted towards the 3-year bar under section 212(a)(9)(B)(i)(I) of the Act. The Service has designated as a period of stay authorized by the Attorney General the entire time during which a timely filed, non-frivolous application for E/S or C/S is pending, provided the alien meets the requirements set forth below. Aliens who meet these requirements are not subject to section 222(g). See also chapter 30.1(d) of the AFM.
(A) The E/S or C/S application must have been timely filed, as required under 8 CFR § 214.1(c)(4) or 8 CFR § 248.1(b), respectively. The application is timely filed if it is submitted before the previously authorized admission expires, as provided under 8 CFR § 214.2, as applicable to the nonimmigrant class under which the alien was admitted. This requirement may be established by submitting evidence of the date the previously authorized stay expired, together with a copy of a dated filing receipt, a canceled check payable to the Service for the E/S or CIS application, or other credible evidence of a timely filing.
(B) The E/S or CIS application must be nonfrivolous. The application must have an arguable basis in law or fact and must not have been filed for an improper purpose. When applying for a visa at a consular post abroad, the applicant may be required to satisfy additional criteria, as provided in section (g)(1) of this chapter; and
(C) The alien must not have worked without authorization before the E/S or CIS application was filed or while it was pending. Service and consular officers may take a sworn statement from the alien to this effect. Aliens who make misrepresentations to satisfy this requirement become subject to section 212(a)(6)(C)(i) of the Act relating to fraud and willful misrepresentation of a material fact.
(Source: USCIS Memo Re: Section 222(g) of the Immigration and Nationality Act, March 3, 2000)
