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Leaving USA when decision is pending with USCIS on I-539 extension for mother-in-law

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  • Leaving USA when decision is pending with USCIS on I-539 extension for mother-in-law

    My mother in law's is currently staying in USA on B2 visa. Her I -94 expired on 1/9/2017 and the I-539 extension has been received on December 19 2016 and it is pending at the Vermont processing Center.

    Can my mother in law leave the country on Feb 5 2017 when the decision is pending with USCIS - We received the Receipt number.

    Her return tickets have been booked for British Airways with the travel date as FEB 5 2017, with stop over in London.

    what documents does my mother in law need to carry when she is travelling on feb 5 2017 apart from the Original Receipt document issued by the USCIS and will there be any issues at the airport in USA or in London. Because she overstayed after Jan 9 2017 - wil this be treated as overstay and will she be charged legally either at USA airport or London airport

    Is it safe for her travel through British airways passing London - please suggest any alternate airways if needed

    Please clarify.

  • #2
    Yes. Your mother can leave US while her visa extension process is pending.

    She needs to carry the I-539 extension receipt not any other documents. YOu can keep copy of the extension receipt. Which airline she travels it doesn't matter.

    Please read,
    This is not a legal advice. Use at your own risk.

    Comment


    • #3
      She does not need to carry anything when leaving. The US has no exit checks. She should carry the I-539 receipt (plus any further disposition on the I-539 like it being denied because she has already left, as proof she left while it was pending) to any future visa interviews and any future entries to the US, to prove she didn't overstay.

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

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