Travel to Mexico with valid B2 visa after I-94 expired while I539 is still pending

[dengtao618]

My parents hold valid 10 year B2 visa, their I94 expired, I applied B2 extension for them but the cases are still pending. Can they travel to Cancun Mexico for a few days and come back to US?

Thank you very much for your help!

[newacct]

Yes. Their extension of stay application would be automatically abandoned when they leave the US (since it would be moot). When they return to the US, they will be seeking a new admission on the basis of their valid visa.

[dengtao618]

Thank you for your reply! Is there any risk of being denied entry to US or visa being voided? How long the stay will they get if they get to re-enter the US?

[mikema75]

dengtao618 - Curious where you ended up? Were your in-laws able to go to cancun for a few days then come back for another 6 months?

[martin1001]

My parents hold valid 10 year B2 visa, their I94 expired, I applied B2 extension for them but the cases are still pending. Can they travel to Cancun Mexico and use

MI Portal Fone for a few days and come back to US?

Thank you very much for your help!

Be careful here even with a valid 10‑year B2 visa, once the I‑94 has expired and an I‑539 extension is still pending, traveling outside the U.S. can effectively abandon the pending extension, and when they try to return, CBP can question their prior stay and decide entry case‑by‑case, so it’s usually safer to wait for the decision or get advice from an immigration lawyer before booking flights. If they do go, they should carry solid proof of ties and funds. Also, since you mentioned Mexico, if you ever need quick official paperwork while there (like proof of income for SEP staff), MI Portal Fone is a secure SEP platform where eligible employees/teachers can log in and download their payroll payment receipts online anytime.