Q: CAn I leave the U.S if my I-539 extension application is in review? I'm on B2 visa & My I-94 is expired.
I have applied for stay extension in July but till now (December) there's still no decision. My question is, can I leave the U.S if my I-539 extension application is in review?I'm on B2 visa & My I-94 is expired. will there be any problems with the immigration and does it affects my visa in future?
A: If you leave while the extension is pending the extension is voluntarily revoked. You can make a new entry on your visa provided it is a multiple entry visa.
The automatic revocation of the I-539 can create issues in the future. If you wait for a decision, it is unclear whether such a delay coupled with the exceptionally long stay can affect your right to return to the U.S. in the future.
In general, such I-539 extensions should be carefully considered before filing due to these sorts of delays and the uncertainty of a denial. If the extension is denied, then it can be very difficult for you to ever be lawfully admitted into the U.S., again. The visa may be revoked. If you need any more legal advice, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any further complications. Good luck.
The above is general information, not legal advice, and does not create an attorney client relationship.
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