Q: What happens if the processing time of i539 exceed the time of request specified in the form?
Hi, I've contacted USCIS regarding the current process time of i539's.
They told me that as of right now, it may take up to 7 months to get an answer to my request.
Lets say that I'm asking for a 6 months extension of my B-2 status starting from today, but I get an answer only 7 months from now,
What happens then?
Do I have to leave the US when I get the answer (Whether Denied or Approved)?
If I have to leave after 7 months because i had to wait for an answer, does that mean that I was considered illegal?
If so, does it means that my visa will become void?
Is that going to effect me on future visa request or entry at the US border?
Thank you very much for assisting.
A:
If you filed in a timely manner, (recommended: more than 45 days before expiration of the authorized stay), then you have some recourse if your I-539 is denied. If it is denied, then leaving ASAP should minimize the impact of any unlawful presence, given the circumstances.
If the I-539 is pending past the date on which you intended to leave, then you should leave do so.
I hope this helps!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
