Menlo Park, CA asked in Immigration Law for California

Q: If I leave the US after my legal stay, but having I-539 VISA extension submitted, do I accumulate unlawful days?

I came on B2 VISA and have heard the processing time is very long (several months!) for Chinese nationals.

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2 Lawyer Answers
Christopher A. Kerosky
Christopher A. Kerosky
PREMIUM
Answered
  • Immigration Law Lawyer
  • Santa Rosa, CA
  • Licensed in California

A: If you leave the U.S. within the time requested in your I539 (so long as it is no more than 180 days) and before you have received a decision on your request, then you have not accumulated unlawful presence.

1 user found this answer helpful

Aman U. Khan
Aman U. Khan
Answered
  • Immigration Law Lawyer
  • Plano, TX

A: Foreign nationals may remain in the United States during the pendency of their extension. However, if a foreign national decides to depart the U.S. while the application is pending, it will merely be considered abandoned and the foreign national will not accumulate unlawful presences.

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