Leaving the US before i-539 is approved?
3 attorney answers
Should a visitor leave while an I-539 is pending the I-539 may be withdrawn or denied. Either way the visa is not generally cancelled.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
I agree with my colleague. I recently wrote a legal guide about this issue, which you can find here:
The information above does not constitute legal advice, and is intended only as general information. You should speak with an immigration attorney about the specific facts of your case before making any decisions.
She's legally in the US while it is pending. Then write a letter to CIS 'withdrawing' the 539 and including a copy of her boarding pass.
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 40 years -- OFFICES in OREGON & MINNESOTA represent people WorldWide. All responses on this blog are offered for informational purposes only. It does not create an attorney/client relationship. Nor should you make final decisions without a personal consultation with an attorney.