Urgent: Leaving the US without an approval/denial of I-539 (Application to extend visitor status). Will this cause a problem in the future?

[Timon&Pumba 0]

For Background story please see below:

http://www.visajourney.com/forums/topic/272322-filing-i-539-application-to-extend-non-immigrant-status/

My mother has finally been released by her ophthalmologist since her July 19, 2010 cataract surgery was performed. She has booked a flight and will be returning back to Nigeria tomorrow October 5th, 2010. She needs to return in about 4-6 months to have cataract surgery performed on her right eye. She has all necessary documents from her Dr. for immigration and her ophthalmologist back home.

Although we received the NOA 1 receipt for Form I-529 (Application to extend non immigrant status), saying that they received her application, we never received an approval/denial.

Questions:

1)Will this pose an issue for her when she is due to return in a few months for her next surgery?

2)Should she staple a copy of the NOA 1 receipt to her I-94 before she submits it at the airport tomorrow?

3)Is there anything else she needs to be aware of, as she leaves tomorrow, and upon her next trip?

Thank you for all your help.

[CBM 14]

I submitted a petition to extend my stay back in February. It wasn't approved/denied by the time I had to leave the US for my summer job (I'm a student), so I flew out the day of my original return flight. When my fiance (then boyfriend) received the letter to his apartment, he mailed it to me. I mailed the following to CBP when I received my NoA2 (denial, actually):

- copy of I-539 extension denial

- original i-94 that was attached to the I-539 (I made a copy for myself)

- copies of my boarding passes back to Canada

- copy of my passport photo page

- copy of my "welcome back" letter from my employer, showing what date I started & my contract for the summer

- copy of my first & most recent paystub (to show I was actually working and didn't just generate the work contract myself)

Now, maybe I went a bit overkill with what I sent to CBP, but the website says, if you must mail an i-94 to show you left the US, be able to prove you left.

I think as long as your mother keeps her boarding passes, and mails them to CBP along with her i-94 when you receive it to the address listed on her i-539, she should be fine.

For what it's worth, I mailed all that back in June, because I didn't want a Customs officer to see that I was still in the US in the computer, since my i-94 was not given back when I flew back to Canada. The CBP website says they will correct the date you exited the US, so long as they are provided with proper documentation.

I also kept a copy of the entire package I sent to CBP and keep that with my visa (K1) binder, in case it ever comes up.

So, like I said, I may have went overboard with what I sent as proof, but it seems to have worked. I was just in the US twice a couple weeks ago. Once in Niagara Falls & once visiting Detroit. No problems at the border.

Hope this helps!

Good luck.

[CBM 14]

woah woah woah..... your mother has her i94??

why does she have it if you are supposed to mail it with the I-539????

Sorry, I missed that the first time I read your post. That's the whole reason I mailed mine back afterwards. USCIS had it until they denied my petition, at which time, my original I-539 was mailed back to me, stapled to my denial.

And, I forgot to mention this.... I called CBP (don't ask where I got the number, I think it was the USCIS hotline).... and the woman I spoke to said it was fine to leave with the petition pending, they would just consider it abandoned, I believe is what she said.

Anyway.... long story short, as long as your mother keeps proof she left the US on time, I don't think it'll be a problem in the future.

Good luck.

[Timon&Pumba 0]

woah woah woah..... your mother has her i94??

why does she have it if you are supposed to mail it with the I-539????

Sorry, I missed that the first time I read your post. That's the whole reason I mailed mine back afterwards. USCIS had it until they denied my petition, at which time, my original I-539 was mailed back to me, stapled to my denial.

And, I forgot to mention this.... I called CBP (don't ask where I got the number, I think it was the USCIS hotline).... and the woman I spoke to said it was fine to leave with the petition pending, they would just consider it abandoned, I believe is what she said.

Anyway.... long story short, as long as your mother keeps proof she left the US on time, I don't think it'll be a problem in the future.

Good luck.

We went to an Infopass in New York City before we mailed out the package, and we were told not to send the original I-94 along with the package, but a copy. And if we were to be approved, they would send a new I-94 with a new date on it. That is why she still has her original I-94.

[CBM 14]

We went to an Infopass in New York City before we mailed out the package, and we were told not to send the original I-94 along with the package, but a copy. And if we were to be approved, they would send a new I-94 with a new date on it. That is why she still has her original I-94.

Makes sense. I made an infopass appointment in California, and they told me to send the original! Not surprised we were told different things!