Sonny

Hello,

In October 2003 I applied for B2 status (changed from J1). I did not
hear from them after that, but knowing that sometimes it takes more to
review the application than the time requested, I was not worries at
all.

Then, in February 2004 I applied for B2 extension. Last week I
recieved a letter from the INS asking me to explain why I applied in
February, when my status expired in October 2003. Basically this means
they did not receive my October application. I start checking and
finally found out that FedEX did not deliver it for some reason. (it
arrived in their distribution center in Vermont, but never made it to
the INS Service Center there, even though the address was correct :( )

Nobody in FedEx can tell me why this happened and moreover the package
has been probably destroyed since this happaned more than 6 months
ago. Back in OCtober when I was applying I included a Money Order for
the application fee, and a week after applying I checked with the
money order company which told me that the money order was cashed.
That made me certain that they received my application. Now it turns
out they did not receive it, but still the order was cashed. How is
that possible I dont know :(


Please help me with advice how to fix the mess.

I have copies of the money order and the FedEx receipt proving that I
actually sent this application. What else do I need to send them?

Would this package loss be a reason for them to review my application
now, even though it was supposed to be received in October 2003.

Is there any chance they would not mark me as "overstayed"?

Also, when I applied in February for the B2 extension I requested my
status to be extended until August 1st. Now the INS has given me time
to explain this case until August 22. Does that mean that I can stay
until August 22, or I have to leave according to me status expiration
date?

Thanks in advance,

V. Ivanov
Deep into trouble

YtsejaM

That's quite a situation you have there. I'd collect any and everything
you have to prove you filled out and sent in your B2 application in a
timely manner. Copies of the FedEx receipt, the money order receipt,
and any other receipts. You made photocopies of the application and
supporting documents before sending it in, right? Show them those as
well. Also, a few notarized affidavits from people that know or live
with you that you did send in the application wouldn't hurt. No fact
that would help others to believe that you sent in the application in a
timely manner is too small.

You can stay until August 22 if that's what
they said. I wouldn't leave before you try to prove your case to the
officials. But don't delay in doing so.

Also, realize that if the
USCIS does accept your case and doesn't hold this against you, they are
being quite merciful to you. I have no other adivce for you.