Q: If I leave USA while my extension request has not been approved (i-539) what are the consequences?
Will it affect my return to the USA if I need to? Will my B2 visa cancelled?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
If you leave the United States while your I-539 application for extension of your B2 visa status is pending, it's generally considered as abandoning your application. This means that your application for extension will likely be denied. However, this does not automatically cancel your B2 visa.
Your ability to return to the U.S. in the future depends on your visa's validity and the discretion of the border officials. They will assess your travel history and reasons for previously extending your stay to determine your eligibility to re-enter.
It's important to maintain a clear record of your entries and exits from the U.S. and any interactions with immigration authorities. If you plan to return to the U.S., be prepared to explain the reason for your departure while your extension was pending and your intent for future visits.
Consulting with an attorney experienced in immigration law can provide more personalized guidance based on your specific situation. They can help you understand how your actions may impact your future travel to the U.S. and any potential risks involved.
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.
