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Can parents leave to India while I-539 is pending

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  • Can parents leave to India while I-539 is pending

    Hi,
    My parents were supposed to leave in August 2020, their flight got cancelled. We applied for extension, and they were called for finger printing but there hasnt been any change in the status of the application since then. They want to go back to India in Jan, can they leave while their application is pending and will that cause issues for them to come back in to US later?

  • #2
    Yes they can leave. No, it will not be an issue.
    Just an opinion; Not legal advice.

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    • #3
      Can you please let me know when you filed for extension? I filed in Jul 2020 but I have not got any update on finger printing.

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      • #4

        If you travel abroad while a change of status application (I-539) is pending, USCIS considers the application abandoned and will reject it. You will need to go to a U.S. embassy or consulate to apply for a new visa to re-enter.






        walgreenslistens
        Last edited by walter8479; 07-20-2021, 02:27 AM.

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        • #5
          Originally posted by walter8479 View Post
          You will need to go to a U.S. embassy or consulate to apply for a new visa to re-enter.
          Unless their visa is still valid.

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

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