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The processing time for an I 539 is 2.5 months. How long can my parents remain in the US if we havent heard from the USCIS ?

Lubbock, TX |
Filed under: Immigration

My parents are visiting me from India, on visitors visa. They entered the US on May 12th 2009, and their departure date on their I 94 is Nov 12, 2009. I applied for an extension of their stay till March 30th 2010 on Sept 21st 2009 using I539. The approximate processing time is 2.5 months. Which means I wont hear from the USCIS till early December. How long can my parents stay in the US until we hear one way or the other from the USCIS without jeapordising their status?

Attorney Answers 2

Posted

If it gets approved they have status until 3/30/2010. If denied they fall out of status starting 11/13/09.

JP Sarmiento
SARMIENTO IMMIGRATION LAW FIRM
Crown Centre
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Cleveland Ohio 44131
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Posted

Your parents will receive a decision from USCIS either approving or denying the application. Your parents may remain in the U.S. lawfully while their application for an extension of stay (I-539) remains pending, even if this is beyond the expiration of their I-94 cards.

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2 comments

Asker

Posted

What will happen if the case is denied?

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

Then they will be illegally in the United States and their visas automatically cancelled.

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