I539 visa extension

[KYICGM 70]

 

Hi, im sorry to bother you but I need some help. My mom came here back in march for 35 days to visit (with tourist visa)  but with the Covid situation the airports in her country were closed. She wasn’t able to leave, we bought her 2 tickets to go back and they were all cancelled again(3 tickets cancelled in total) . So we filed an extension on july 25 before her I94 expired ( sept 11) we re still waiting on the I539 approval but she wants to and needs to leave so I want to know if she can leave the Country while her case is pending? And if so, would that affect her visa if she wants to visit the Usa in the future? 
 

thank you. 

[SusieQQQ 11,586]

Yes she can leave. Make sure she keeps a copy of the i539 receipt and keeps proof of when she left the country to be able to show for future entries/visa applications.

 

 

 

Edited January 3, 2021 by SusieQQQ

[KYICGM 70]

Ok so she won’t have any issues with her visa right ? I just don’t want her visa to be void or anything because she is been wanting to leave for months now but the  immigration lady on the phone said if she leaves that would be like abandoning her case so I got worried. And thank you for answering me I really appreciate it. 

[SusieQQQ 11,586]

1 hour ago, KYICGM said:

Ok so she won’t have any issues with her visa right ? I just don’t want her visa to be void or anything because she is been wanting to leave for months now but the  immigration lady on the phone said if she leaves that would be like abandoning her case so I got worried. And thank you for answering me I really appreciate it. 

Yes it is abandoning it if she leaves, but that is not a “bad” thing, it is just an obvious consequence of the fact that if she leaves she no longer needs the extension. You can also ask them to withdraw the application when she leaves. The only issue would be is if the application is actually denied, as she stayed past her original i94 date. Withdrawing the application before a decision is made could also help pre-empt a possible denial (but don’t withdraw it before she actually leaves).

[KYICGM 70]

6 minutes ago, SusieQQQ said:

Yes it is abandoning it if she leaves, but that is not a “bad” thing, it is just an obvious consequence of the fact that if she leaves she no longer needs the extension. You can also ask them to withdraw the application when she leaves. The only issue would be is if the application is actually denied, as she stayed past her original i94 date. Withdrawing the application before a decision is made could also help pre-empt a possible denial (but don’t withdraw it before she actually leaves).

Okay but she will be able to come back in the future without any problems? Or will they cancel her visa ? The only reason she stayed was because my country was shutdown until recently.  I like to follow and respect the rules and so does she so we just don’t want her visa getting canceled. Thank you. 

[SusieQQQ 11,586]

Just now, KYICGM said:

Okay but she will be able to come back in the future without any problems? Or will they cancel her visa ? The only reason she stayed was because my country was shutdown until recently.  I like to follow and respect the rules and so does she so we just don’t want her visa getting canceled. Thank you. 

She does not accrue unlawful presence while the application is pending. If the application is denied, then her overstay is backdated and her visa is voided. If her application is approved then her new i94 is backdated to the end of the old one. If she leaves before either happens she was just “pending” the whole time, hence the advice to keep the receipt of i539 and proof of when she left to show cbp when she next enters/the consulate when next she applies for a visa.

In other words, given the current circumstance it makes zero difference whether she is inside or outside the US.

[KYICGM 70]

7 minutes ago, SusieQQQ said:

She does not accrue unlawful presence while the application is pending. If the application is denied, then her overstay is backdated and her visa is voided. If her application is approved then her new i94 is backdated to the end of the old one. If she leaves before either happens she was just “pending” the whole time, hence the advice to keep the receipt of i539 and proof of when she left to show cbp when she next enters/the consulate when next she applies for a visa.

In other words, given the current circumstance it makes zero difference whether she is inside or outside the US.

Oh okay I understand.

she needs to apply for a new visa to enter the Usa ? Even if her visa it’s good for 10 years.? 
im sorry I know I sound stupid but I’m just really confused about all of this visa extension. 

[SusieQQQ 11,586]

51 minutes ago, KYICGM said:

Oh okay I understand.

she needs to apply for a new visa to enter the Usa ? Even if her visa it’s good for 10 years.? 
im sorry I know I sound stupid but I’m just really confused about all of this visa extension. 

She only needs to apply for a new visa if the i539 is denied, then that will void the existing visa. Otherwise she should be fine.

[KYICGM 70]

1 minute ago, SusieQQQ said:

She only needs to apply for a new visa if the i539 is denied, then that will void the existing visa. Otherwise she should be fine.

Oh okay got it. Thank you soo much for taking the time to answer all of my questions. Have a good night !