QUESTION

Filed a Form I-539 and and the 240 days are almost up and no answer from uscis? What to do now?

Asked on Jan 03rd, 2021 on Immigration - Florida
More details to this question:
I filed a Form I-539 back in May of 2020 to extend my status due board closure of my home country. The case status when checked says pending , however the 240 days are almost up and I haven't heard any response other than a waiting a biometric appointment. Now that the boarders are open should I leave? what implications would I face if leave before the case has decision.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
It is difficult to say what will happen if you leave the US at this point. I assume that you filed for a six-month extension or 180 days. USCIS believes that if the intended period of stay exceeds the time that you are requesting, you should file an application to extend even if the first application is still pending. Perhaps the better route at this time would be to file for a late extension before leaving the country. Generally a person leaving the US during the time of a pending extension would have no problems, but I am not sure that the answer holds for someone leaving the country where he or she has already exceeded the time requested on the pending extension. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Feb 02nd, 2021 at 11:05 AM

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