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Travel to Mexico with valid B2 visa after I-94 expired while I539 is still pending

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  • Travel to Mexico with valid B2 visa after I-94 expired while I539 is still pending

    My parents hold valid 10 year B2 visa, their I94 expired, I applied B2 extension for them but the cases are still pending. Can they travel to Cancun Mexico for a few days and come back to US?

    Thank you very much for your help!

  • #2
    Yes. Their extension of stay application would be automatically abandoned when they leave the US (since it would be moot). When they return to the US, they will be seeking a new admission on the basis of their valid visa.

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

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    • #3
      Thank you for your reply! Is there any risk of being denied entry to US or visa being voided? How long the stay will they get if they get to re-enter the US?

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      • #4
        dengtao618 - Curious where you ended up? Were your in-laws able to go to cancun for a few days then come back for another 6 months?

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