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What will happen if leave USA before I-539 decision

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  • What will happen if leave USA before I-539 decision

    My mother-in law has 5 yesrs (2007-2012) multiple visiter visa. Now she is in USA. I applied for visitor visa extension (I-539). Her I-94 was expir and I have not yet received decision from USCIS. She wants to leave this country before decision.

    Will she illegal?
    If she leaves this country befor decision, she has to inform USCIS?
    She can come next time either her application approve or not?
    USCIS will send decision in her application address?
    Where can i see the legal information?

  • #2
    I-539s decisions are notorious for delays and it can create problems when they don't come even after I94 expiry.This is why it is advisable for people not to apply for ext. unless absloutely necessary.

    IN YOUR CASE, SHE IS CONSIDERED LEGAL TILL SHE GETS A RESPONSE.IF SHE LEAVES BEFORE SHE GETS A RESPONSE, SHE NEED NOT INFORM ANYBODY. YOU MUST SAVE THE RESPONSE WHEN IT COMES, SAVE A COPY OF IT AND SEND THE ORIGINAL TO HER. SHE MAY NEED IT WHEN ENTERING NEXT TIME.DOES NOT MATTER IF IT IS A DENIAL, SHE CAN STILL ENTER.
    IF THEY ASK HER ANY QUESTIONS SHE CAN SHOW THEM THE DATE ON THE RESPONSE AND THE DATE ON HER BOARDING PASS WHICH WILL PROVE SHE DEPARTED BEFORE THE RESPONSE. (SHE SHOULD SAVE HER BOARDING PASS TO SHOW THE DAY SHE DEPARTED USA, SINCE THERE IS NO DEPARTURE INSPECTION AT US AIRPORTS.)



    You can see legal info on CBP.gov( customs and border protection website).

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    • #3
      Since her I-94 already expired. If the I-539 arrives as a denial, her visa is subject to 222(g) and may be cancelled next time she attempts to enter the USA. It is up to the POE officer and how he/she applies this rule.
      Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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