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I-539 results not received while I-94 date is getting close

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  • I-539 results not received while I-94 date is getting close

    We have filed for my mom's B2 visa extension through I-539 and have not received approval or denial. Her I-94 is expiring on 3/21, her visa is valid till 2026. If we do not get a extension decision before 3/21, can she stay in US or she has to leave before or on 3/21?

  • #2
    As long as it was filed before her I-94 expires, she can stay in the US for as long as it is pending.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      I have a similar situation. A friend from Venezuela is staying with me and is applying for a b1/b2 extension. the I-94 expires 4/17 so we have time and are well within the timeframe to apply for the extension. she owns a medical supplies business in venezuela and would like to attend a conference in florida for her business that she has registered for. her return ticket is based on her original I-94 expiration date though. should she change it based on the new date she wants to leave and submit the new ticket with her extension application so it shows intent to leave then? if she gets denied for an extension and is here after I-94 expires, she will leave immediately, is that going to give her future problems to come back to US if she wants to?

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      • #4
        Originally posted by CMR View Post
        I have a similar situation. A friend from Venezuela is staying with me and is applying for a b1/b2 extension. the I-94 expires 4/17 so we have time and are well within the timeframe to apply for the extension. she owns a medical supplies business in venezuela and would like to attend a conference in florida for her business that she has registered for. her return ticket is based on her original I-94 expiration date though. should she change it based on the new date she wants to leave and submit the new ticket with her extension application so it shows intent to leave then?
        yes

        Originally posted by CMR View Post
        if she gets denied for an extension and is here after I-94 expires, she will leave immediately, is that going to give her future problems to come back to US if she wants to?
        If the application is denied, and she is still here after her I-94 is expired, then INA 222(g) is triggered, and the visa she entered on is automatically void, and she can only apply for US visas in her country of nationality from now on. Whether someone will be approved for a visa in the future is always impossible to predict. I-539 usually takes 3-5 months recently so if her conference is not too long after her I-94 expires, and she applies for the I-539 not long before it expires, chances are that it will not be decided by the time she leaves, in which case there is no risk of denial when she is still here.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          she has 2 visits still left on her original visa, so if she stays past her i94 expiration and gets denied, then those last 2 visits are voided. am i right?

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          • #6
            Originally posted by CMR View Post
            she has 2 visits still left on her original visa, so if she stays past her i94 expiration and gets denied, then those last 2 visits are voided. am i right?
            If she is still here after it is denied, yes.

            This is my personal opinion and is not to be construed as legal advice.

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            • #7
              so if she leaves as scheduled before the I-539 expires, how long does she have to stay in her home country before she can come back to the US to use the next visit she still has on her visa?

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              • #8
                Anyone?

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                • #9
                  Originally posted by CMR View Post
                  so if she leaves as scheduled before the I-539 expires, how long does she have to stay in her home country before she can come back to the US to use the next visit she still has on her visa?
                  There is no rule.

                  This is my personal opinion and is not to be construed as legal advice.

                  Comment


                  • #10
                    If I send in her i539, and let's say she leaves in September before there is a decision on her extension but she ends up getting denied so she was in the US after her original i94 expired but not here when she was actually denied, does her visa still get voided?

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                    • #11
                      Originally posted by CMR View Post
                      If I send in her i539, and let's say she leaves in September before there is a decision on her extension but she ends up getting denied so she was in the US after her original i94 expired but not here when she was actually denied, does her visa still get voided?
                      No.

                      In fact, once she leaves the US, she has no status to "extend" anymore, and the I-539 will be automatically denied because its result is meaningless anyway.

                      This is my personal opinion and is not to be construed as legal advice.

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                      • #12
                        So when they go to process her i539 let's say in September (I'm just throwing out a random month), and she isn't here anymore.....they'll know this before they process that she has left already and disregard? Sorry for the hundred questions.

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                        • #13
                          Originally posted by CMR View Post
                          So when they go to process her i539 let's say in September (I'm just throwing out a random month), and she isn't here anymore.....they'll know this before they process that she has left already and disregard? Sorry for the hundred questions.
                          Well at that point it makes no difference what they do.

                          This is my personal opinion and is not to be construed as legal advice.

                          Comment


                          • #14
                            I know because she's not here. Basically all I'm trying to do here is ensure that her visa doesn't void out. It would be almost impossible for her to obtain a new one at her home country. If she is still here and gets denied than I would feel terrible for her because she loses the last 2 visits on her visa.

                            I spoke to the USCIS office and they confirmed what you said earlier about if she is not here and gets denied then it won't void it out and she just has to show her application and receipt of her application to customs when she comes back. She's trying to buy some time until September. Her i94 expires April 17. Any clue approximately how long they are taking these days to process the extension approvals or denials? They also said while they can't guarantee obviously if she will be approved or denied but generally if she hasn't had any trouble here then there shouldn't be an issue to get an approval.

                            Comment


                            • #15
                              Asylum

                              So we are about to file for extension of b1 status but things have gotten really bad in her home country of Venezuela. I was told asylum would be an option. Should we apply for asylum before applying for the extension of b1? The i94 expires 4/17/17. Any advice?

                              Comment

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