I539 extension

[Kumari 0]

My parents are in US on B2 visa.. Their i94 expires on sept 29. We have filed an extension on august 7th but we still have not heard back. When checked the application status, it still says on "initial review". It looks like that the we may not hear back before sept 29. Now my parents have a tourist visa for Canada also which is still valid. Should they go to canada before sept 29th and reenter us after 3 weeks (we have a relative in canada). Or just wait to hear back on i539 decision past sept 29th. Please advise! Please note I am a US citizen and if they stay in the US past sept 29th and their i539 gets denied, will I have an issue in the future if I want to start their green card process?

[Hypnos 6,578]

If they depart the US before a decision is made on their extension request then it is automatically considered abandoned. They are allowed to remain pending a decision on their extension; this is called tolling, and is legal provided their extension request was filed before their current authorised stay expired, and they have maintained their lawful nonimmigrant status (by not undertaking illegal work, etc.).

Edited September 15, 2014 by Hypnos

[Ian H. 207]

As mentioned above, they are allowed to stay pending a decision on the case. If approved they would be able to stay until such time USCIS authorized.

If not they would have to leave whenever they are told that they have to, which should be in the notice.

Have you considered AOS? It's possible that if their circumstances changed during their visit here they may qualify for it.

[MacUK 983]

Have you considered AOS? It's possible that if their circumstances changed during their visit here they may qualify for it.

There's no mention of them wanting to live in the US now, green card was mentioned as a future possibility.

Also, it should be noted that unless they live in Canada then going there doesn't reset the 6 month clock. Rule of thumb is to be outside of the US longer than in.

[Teddy B 17,252]

If they depart the US before a decision is made on their extension request then it is automatically considered abandoned. They are allowed to remain pending a decision on their extension; this is called tolling, and is legal provided their extension request was filed before their current authorised stay expired, and they have maintained their lawful nonimmigrant status (by not undertaking illegal work, etc.).

This is good info.

It usually takes about 90 days for a decision on an extension, they can legally stay until that decision is made. If denied, a person is usually given 14 days to leave. Once an extension request is filed, whether it is granted or not, it may affect the length of future visits.

Edited September 16, 2014 by Teddy B

[Boiler 46,121]

Slightly intrigued as to the basis of requesting an extension.