You are here:

Immigration Issues/Staying in U.S. after I-94 expires, filed I-539

Advertisement


Question
My relative's I-94 is expiring on 2 nd September. She is Indian citizen and US visa till 2017. However her return ticket is on 3 rd September.  On July 10 (i.e. 50 days before her I-94 expires) , She filed I- 539 to extend I-94 for one day.  Till today, there is no response from USCIS ?

Is it ok for her to go on 3 rd September since we have already filed extension ?  Or do we need to rebook the ticket since we have not got any decision ?

Answer
Hi,

Based on the filing of a non-frivolous application to extend status, she can remain legally in the U.S. while the application is pending with the USCIS. However, if the application is denied prior to Sep. 02, she must be ready to depart the U.S. asap upon learning of the decision. In addition, a denial will result in invalidation of existing visa stamp in her passport (if she departs after Sep. 02), and will require issuance of a new visa stamp by a U.S. Consulate in order to enter the U.S.

In any event, she should keep a copy of the extension application with her for her records, along with the USCIS decision on the application (whether approval or denial) as evidence that an application to extend her status was indeed filed with the USCIS no later than expiration date of her I-94.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.