Can you return back to us if your I-539 is deemed by USCIS as abandoned?

[Ekamai 0]

My sister-in-law applied for an extension for her B2 visa last May 2015. Since she did not want to overstayed the 180 days allowance and the status of her I-539 was still pending, she decided to leave on early September.

On 30 Sept , she received an approval for her I-539 but then 2 weeks later another letter from USCIS declared her I-539 is abandoned since she left before the status of her extension is resolved.

My question is if she wants to come back to US again in the near future, will she run into any problem with the immigrant officer? Do they know that her I-539 was abandoned? any suggestion if they asked?

Thanks.

Quinn

[Georgia16 2,858]

Yes they can see it in the system.

[Teddy B 17,252]

She more than likely will be thoroughly questioned about her ties to her home country and her reason for filing the extension. Not sure why she filed the extension and then left, seems pretty redundant and the extension may cause her extra scrutiny upon entering the US. She could've stayed in the US legally until the decision on her I-539 was known.

Edited March 18, 2016 by Teddy B

[Boiler 45,731]

No harm seeking an extension if you are not looking to come back to the US, or not for a very long time.

[Mollie09 1,543]

I thought when you filed for an extension the remaining time on your visa was automatically canceled?

Edit: apparently only if the extension is denied.

Edited March 20, 2016 by F1H1I130