Q: Applied for I 539 November 2023. Received receipt 30 days later. No approval or denial. What happens if I stay in US?

A: If your I-539 application for an extension of your B2 visitor visa status is still pending and you have not received a decision, it's important to understand your situation. Generally, as long as your application was filed before your authorized stay expired, and the delay in processing is not due to any fault of yours, you are not considered unlawfully present while your application is pending. This means you are typically not accruing "unlawful presence" time that could impact your ability to return to the U.S. in the future.

However, if your application is eventually denied, the period of lawful status you were in ends retroactively on the date your I-94 expired, which was your original authorized stay. In such a case, if you remain in the U.S. after the denial, you begin accruing unlawful presence from the date of the denial. If you accrue more than 180 days but less than one year of unlawful presence and then leave the U.S., you could face a three-year bar from reentering. If the unlawful presence exceeds one year, the bar extends to ten years.

There isn't a standard "30-day grace period" after a denial. The time frame for departure can vary based on individual circumstances, and it's important to act quickly to avoid potential future immigration complications. It's advisable to consult with an immigration attorney for personalized advice, especially to understand the implications if your application is denied and to explore your options. Staying informed and proactive is key to navigating this situation legally and effectively.