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.
A:
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.
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.
