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Abandoned i539, any issues with re-entry?

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  • Abandoned i539, any issues with re-entry?

    Last year, my Mother visited the US beginning second week of February, 2020. Like many we were unaware of the enormity of COVID.

    She was supposed to travel back in April. However, since flights to India were suspended she could not leave the US by mid August (the date on the I-94 stamping). I had filed for her I-539 extension of stay 50 days prior to the date on I-94 stamp, so that she could continue staying legally.

    She left the United States in the first week of September , 2020 which was around 3 weeks after the I-94 date.

    The biometric appointment notice for the I-539 application was received on 30 January, 2021. However, since she had already left I did not pursue the case further. I have not sent a i-539 withdrawal letter either.

    Now she plans to re-enter the US. I wanted to understand if there would be any issues with her re-entry?

  • #2
    her visa may well have been cancelled electronically

    Comment


    • #3
      There should not be issues. She should bring the I-539 receipt to show that she had a pending I-539 after her I-94 expired, to prove that her visa was not automatically voided.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Thanks for your reply!

        Comment


        • #5
          Hi tacoyourstand
          Was your mom able to re-enter USA? If so can you please share her experience.
          thank you!

          Comment

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