Q: An i-539 pending approval, do I need to stay in USA or leave to avoid overstay
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A:
When you file an I-539 application to extend or change your nonimmigrant status and it's still pending, your legal status in the United States is typically considered to be maintained until a decision is made on your application. This means that you are generally not accruing unlawful presence while your application is pending, even if your original authorized stay expires during this period.
However, if your I-539 application is eventually denied and you are still in the U.S., you might be considered to have overstayed from the date your original status expired. In such cases, it's important to leave the U.S. promptly to avoid potential negative consequences on future immigration applications or re-entry.
It is always wise to keep track of the status of your application and be aware of the expiration date of your current status. If you're uncertain about your situation or if your circumstances change, consulting with an immigration attorney can provide personalized guidance based on your specific case.
Remember, maintaining lawful status is crucial for your future eligibility for various U.S. immigration benefits. Staying informed and proactive about your immigration status is essential.
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