Extension of Stay Filed - Want to leave US

[KP & SP 9]

Hoping someone would be able to advise on the case below.

My mother is on a tourist visa and her I-94 expired on March 28, 2015. We filed for an extension to stay longer before the I-94 expiration date and the notice letter from USCIS states that the receipt date is March 24, 2015 so we filed the extension to stay before the I-94 expires.

As of yet, the application has not been denied or approved but my mother needs to go back home while the application is still pending.

Can someone who has any experience in this situation shed some light on this case.

What are the consequences if she leaves the US before the decision has been made. Will it jeopardize her status and considered unauthorized stay in the US?

Thanks,

[canadian_wife 1,791]

What was the reason she gave for the extension? Extensions are not given for frivolous reasons like "I just want to spend more time in the U.S."

She, of course, can leave when she wants. Others will add input as to the effect of her tourist visa if the extension is denied.

good luck

[newacct 688]

It's perfectly fine for her to leave the US while the EOS is pending. Her EOS application will automatically be abandoned. She would not have accrued any unlawful presence in her time in the US, and her visa is not affected.

In fact, by leaving while the EOS is pending, she avoids the risk that it's denied while she's still here, in which case she would start accruing unlawful presence, and her visa will be voided.

[aaron2020 11,651]

What was the reason she gave for the extension? Extensions are not given for frivolous reasons like "I just want to spend more time in the U.S."

She, of course, can leave when she wants. Others will add input as to the effect of her tourist visa if the extension is denied.

good luck

Funny. My aunt's extension was approved based on her wanting to spend more time with family in the U.S.

[canadian_wife 1,791]

Really? That's awesome.

All the other posts I've read always end in a denial for that reason. Great to know that there are exceptions

Cheers

[Re&Ni 2]

It's perfectly fine for her to leave the US while the EOS is pending. Her EOS application will automatically be abandoned. She would not have accrued any unlawful presence in her time in the US, and her visa is not affected.

In fact, by leaving while the EOS is pending, she avoids the risk that it's denied while she's still here, in which case she would start accruing unlawful presence, and her visa will be voided.

[Re&Ni 2]

Let me ask. Are you sure when she leaves hers EOS Will be abandoned and she can't be denied? Because that was not what happened to me. In 2004 I left a month after I applied for extension and they send a letter asking for more information before actually denied, but I was not around to USA to answer and a few months later came de denied later. That some one send to me. Because I was not in America any more. Ok. I though that was fine. Because I left before denied. And before unlawfully presence. Now that is my question. The months that was in the Èos will be count as overstayed? Because now I am aswering some papers that ask me if I ever was unlawfully present or overstayed. I 100% that I did not was unlawfully and I have the letters dated and the ticket from my return before those laters, but now I not sure if I was considered overstayed. Any one Know that answer.

It's perfectly fine for her to leave the US while the EOS is pending. Her EOS application will automatically be abandoned. She would not have accrued any unlawful presence in her time in the US, and her visa is not affected.

In fact, by leaving while the EOS is pending, she avoids the risk that it's denied while she's still here, in which case she would start accruing unlawful presence, and her visa will be voided.

Edited July 22, 2015 by Re&Ni

[newacct 688]

Let me ask. Are you sure when she leaves hers EOS Will be abandoned and she can't be denied? Because that was not what happened to me. In 2004 I left a month after I applied for extension and they send a letter asking for more information before actually denied, but I was not around to USA to answer and a few months later came de denied later. That some one send to me. Because I was not in America any more. Ok. I though that was fine. Because I left before denied. And before unlawfully presence. Now that is my question. The months that was in the Èos will be count as overstayed? Because now I am aswering some papers that ask me if I ever was unlawfully present or overstayed. I 100% that I did not was unlawfully and I have the letters dated and the ticket from my return before those laters, but now I not sure if I was considered overstayed. Any one Know that answer.

You had no unlawful presence. "Overstay" is not a formal term and it's unclear what they mean by it.

[Boiler 43,433]

No harm in seeking an extension if you have no plans to visit again anytime soon. Buys you a few months due to the delay in processing.