What will happen if leave USA before I-539 decision

[rajanko]

My mother-in law has visiter visa, I applied for visitor visa extension. Her I-94 expired and I have not yet received decision from USCIS. She wants to leave this country before decision.Will she illegal, if she leave this country befor decision? She has to inform USCIS?

[knowledgeable]

No problem ...

... at all. She can leave anytime before the application decision is made.

There should not be any issues at all. If she has over stayed as per her current I94, make sure you have the receipt of filing for an extension with you.

Take care.

[PraetorianXI]

Since the I-94 has expired, there are only 2 scenarios:

1) Petition denied: She would be illegal from the moment the I-94 expired until she leaves (or left) and her visa is now subject to 222(g) and may be cancelled next time she tries to enter the USA.

2) Petition approved: If she has left already, you need to mail the new I-94 back stating that she went home. She needs to keep proof that she left the country (boarding passes, passport stamps) and her visa may be used again. Still POE officers won't be happy that she applied for an extension and left.

[rajanko]

Where can i see the information

Thank you so much for advice.

She has five years multiple B2 visa (2007-2012).
She wants to leave USA in April.
Her I-94 expired on Jan 2008.
Her visa extension application will process on May-June.
If her application denie, she can come next time?

[Mihir Karia]

In a similar position

Thank you so much for advice.

She has five years multiple B2 visa (2007-2012).
She wants to leave USA in April.
Her I-94 expired on Jan 2008.
Her visa extension application will process on May-June.
If her application denie, she can come next time?

Can you guide me as to what happened in your situation.
I have applied for the visa extension and my wife will be flying out before the decision arrives. Will it be a problem if it gets denied and she has to come back within a year ?