withdrawal of I-539 (Application To Extend/Change Nonimmigrant Status)

[ptirunampalli]

My mom entered USA on Feb 8, 2020 from India to visit my sister (on B2 visit visa) as she had a due date and then after 5 months my sister applied for extension as there are travel restrictions and she cannot travel back. And, this year Jan 30, 2021,she left the country (and came to Canada as I live here) while the case is still "In-Process", and few weeks back she got biometrics request. But she left the country and we no longer want this application to get process, and we would like to withdraw the application, is that required or since she left the country and that case will closed eventually??

And now she is planning to visit my sister in 2 weeks, would that be a problem at the entry?? And, If she travels back to US, what if the current extension file gets rejected, then does she need to leave the country immediately??

Regards
PT

[rkk09]

Hi,
When your I-539 petition is pending and you travel outside the country then your petition will be automatically denied as an abandoned petition. But when you travel back to the country with valid visa again, you need to have receipt notice along with other supporting documents that you used at the time of filing. I hope this will protect at the time of CBP verification.
Thanks