QUESTION
will my visa be void if my I-539 is denied?
Asked on Jul 17th, 2020 on Immigration - Pennsylvania
More details to this question:
I'm stuck in the US due to COVID-19. Have applied for visa extension (B2) on time (45 days prior to I-94 expires). Yet, I still have not heard from USCIS while my I-94 will expire on Jul 25 I'm worried that in case my I-539 is denied, my visa will void.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
If the B-2 extension application is ultimately approved or the applicant leaves the US during the time of pendency, the B-2 visa should not be affected as long as the application was timely filed and nonfrivolous. On the other hand, if you are here in the US at the time that the I-539 is adjudicated and denied, the B-2 visa would automatically be void and the counting of unlawful presence would begin. 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 Aug 16th, 2020 at 2:22 PM