Q: What do I have to do if I need to leave the US after having requested a visa extension but haven't been approved yet?
I requested a tourist vista extension in september and already attended the biometrics appointment. I wanted to stay in the US until february next year but due to a family emergency in my home country I need to leave as soon as possible.
My authorization expired in november and I am not sure what procedure I have to follow to notify USCIS that I have to leave earlier than expected and also what to do at the airport during passport control because I don't want to risk being denied entry to the US in the future or having my visa revoked.
A:
If you need to leave the U.S. before your visa extension is approved, it's important to take certain steps to avoid complications with future entries. First, document your reason for leaving early, such as evidence of the family emergency. This documentation can be helpful if you need to explain your situation later to immigration officials.
Upon departure, inform the U.S. Citizenship and Immigration Services (USCIS) about your change of plans. You can do this by sending a letter to the USCIS office where you filed your extension, explaining your situation and including your receipt number, name, date of birth, and a copy of your biometrics appointment notice.
At the airport, during passport control, explain your situation clearly to the officer. Show them any documentation you have that supports your need to leave early. Be honest and straightforward about your situation.
Leaving before your extension is approved shouldn't automatically lead to your visa being revoked or future entries being denied. However, maintaining clear communication with immigration authorities and keeping records of your departure reasons and actions taken can help in maintaining your good standing for future visits.
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A: If you are facing an imminent and significant family emergency, it is advisable to submit a withdrawal of your extension request. Include supporting evidence that illustrates the situation is beyond your control, such as documentation related to the family emergency. Clearly articulate in the withdrawal letter the reasons for your departure and the circumstances surrounding your need to leave. Providing a detailed explanation will help the relevant authorities better understand your situation.
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