QUESTION
I-539 denial after the applicants have already left the U.S., how will this affect their B1/B2 VISA and re-enter into U.S.?
Asked on Sep 19th, 2020 on Immigration - Georgia
More details to this question:
My parents applied their first B1/B2 extension (I-539) in early February before their I-94 expired in March this year. They asked for an extension to the end of July. In July, their case was still pending but their flights were cancelled again so they submitted a second I-539 application to cover their stay beyond July. At the end of August, my parents finally were able to leave the U.S. while their cases were still pending. However, in early September, USCIS denied their first I-539 application because they have already left the U.S. My questions are: 1. Will this denial void their 10-year multi-entry visa to the U.S. even though they have left U.S. before a decision was made on their first I-539 application? 2. Was their stay in the U.S. from the I-94 expiration date till their departure date legal because they had a pending I-539 case? Will this overstay cause issues for future VISA or re-enter into U.S.? 3. is it worth to submit form I-290B to re-open or re-consider their case?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Your parents and their visas should not be impacted as long as they had timely extensions pending at the time that they left the US. They would be subject to the rules governing visitors on subsequent visits which means that their purpose is only to visit the US for short periods of time and not to stay most of the time in the US and only visit the home country. Subject to that restriction, they should carry proof that they had the extension papers pending and that they maintained legal status in this way in the US before they left. In my opinion, it is not worth submitting motions to reopen or reconsider their cases. 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 Oct 17th, 2020 at 3:27 PM