Filing I-539 (Application to Extend Non-Immigrant Status)

[Timon&Pumba 0]

Hello again,

I have a question regarding the I-539 (Application to Extend Non-Immigrant Status) due to medical reasons that I filed on behalf of my mother.

Question:

I have since filed the I-539 application on behalf of my mother and received the NOA 1 (Notice of Receipt) on August 24th, 2010. I am worried though that we will not have a final decision before September 18th, 2010 which is the date her I-94 expires. Does this mean she is out of status and runs the risk of being in the country illegally and not being able to come back into the country the next time she needs to come for a follow-up with her Ophthalmologist, or is she in status until a decision has been made?

I am really nervous because her next appointment with the Dr. is scheduled for September 22nd, 2010 which is obviously passed the date in which her I-94 expires, and I don't want this to be an issue now, or in the future.

Thank you for reading and I do appreciate all comments and advice from you all.

Below is the background from my previous post of her situation:

"My mother is here on a B1/B2 visa for follow-up for a previous eye surgery (for glaucoma) she had Nov 2009. She is a frequent visitor of the US and has never over stayed her visa at any point. She usually has 6 months stamped on her D/S in her passport whenever she comes into the country. This time however, the immigration officer put the return date on her ticket (September 18th 2010) as her D/S which is 3 months from her date of arrival (June 2010). This would not have been a problem except she had to have surgery done to remove cataract in both her eyes. She did the first surgery (July 19 2010) which went very well as far as the Dr. was concerned. However in the first week following the surgery some complications (corneal edema:swelling of the cornea) arose which was not initially anticipated. Needless to say, her next surgery will not be scheduled as quickly as we had hoped until the first eye is completely rid of the swelling and she is cleared to have the cataract in the second eye removed. The ophthalmologist has said she is definitely going to be here past the September 18th 2010 date on her passport."

Thank you in advance,

Timon&Pumba

[Timon&Pumba 0]

Please does anyone have any input?

[Sebas&Lily 3]

I wish I would have an answer for you but I don't This forum seems to move very slow

[chillab 0]

last year, we've asked for a b2 extension (not for a medical reason) and got first an RFE, sent further doc's in and than our application was approved for 6 more months. (approval notice came 3-5 days before the 6 months d/s expired). -- this was from Vermont SC.

[Timon&Pumba 0]

last year, we've asked for a b2 extension (not for a medical reason) and got first an RFE, sent further doc's in and than our application was approved for 6 more months. (approval notice came 3-5 days before the 6 months d/s expired). -- this was from Vermont SC.

Thank you for the reply...it puts me a little at ease. I just have to keep my fingers crossed till its all sorted out.

[mathranik 2]

Anyone who applies for B1/B2 visa extension remains in status, completely legal, until a decision is made on the I-539 extension of stay. Even a denial does not void the visa, and the applicant would be given 30 days to leave the country. Be calm, and I wish you all the best for your application. My parent's extension was granted in 3 weeks.