I-539 filled no response yet. Need to travel back home.

[madisonsquare 9]

Hello everyone,

 

My mum has been in the US since December 2019 on a tourist visa. She was supposed return home on June 2020 right before her visa expiration, but due to Covid-19 and her airline company cancelling the ticket, she's been stuck here.  I have filled a I-539 back in June but until today we haven't got the biometrics appointment or any other updates from USCIS.  

 

If my mum travels back home before the I-539 has been processed, does that mean she overstayed her visa? Will this create a problem next time she tries to en ter the US?

 

Thank you!

[SusieQQQ 11,586]

Make sure she keeps a copy of the receipt for the i539 and proof of when she left the US. 

[madisonsquare 9]

31 minutes ago, SusieQQQ said:

Make sure she keeps a copy of the receipt for the i539 and proof of when she left the US. 

Yeah, I have it. The case is still in process and I have the NOA.

[Bajinga 136]

just keep the receipt. she was in the authorized stay period once the i-539 was filed. Since she is leaving before the application will be adjudicated the application will be deemed cancelled and overstay would not apply. make sure there is enough gap before she tries to enter the next time. its up to CBP discretion but there could be more scrutiny. I think the visa stays valid, make sure she carries the I-539 receipt with her next time she tries to enter.

[igoyougoduke 1,656]

2 hours ago, madisonsquare said:

Hello everyone,

 

My mum has been in the US since December 2019 on a tourist visa. She was supposed return home on June 2020 right before her visa expiration, but due to Covid-19 and her airline company cancelling the ticket, she's been stuck here.  I have filled a I-539 back in June but until today we haven't got the biometrics appointment or any other updates from USCIS.  

 

If my mum travels back home before the I-539 has been processed, does that mean she overstayed her visa? Will this create a problem next time she tries to en ter the US?

 

Thank you!

The answer is "NO" 

[MicahPsencik 4]

I'm in the same situation with my mother-in-law. Same case status and reason for not flying back. 

[deborabr 16]

Same here....applied in April and still waiting but was told I am still within the 5-7 months window. Good luck!!!