My parents are on B2 visa and they visited us and we applied for I-539(extension of stay) before their I-94 expired. We got a receipt notice and they stayed past their I-94 expiration. We haven't heard back anything on the I-539 petition(no RFE) and they left the country? My question is do I take the petition back? I do not want them to have any issues returning back to the country.
A person departing the US after filing a I-539 visitor extension would withdraw the application rather than receive a denial.
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I respectfully disagree with my colleague. I have filed the I-539 on behalf of clients who left while their petition was pending. They left on the date that they requested the extension be granted. They did not withdraw the petition, and it was ultimately approved. Your parent may wish to call the USCIS Contact Center. They will only speak with the named applicant or that person's attorney. I realize they are out of the country, but perhaps there is a way you can call with them on the line: https://www.uscis.gov/contactcenter
Another option is to confirm with your a senator or congressional representative that leaving will not abandon the petition, and that it will still be adjudicated. It is important to have this right, because if they withdraw the petition, it is possible their departure after the I-94 date will be considered an overstay.
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