Leaving the U.S. with a Pending I-539 Application: What You Need to Know

Many individuals find themselves in a situation where they need to leave the U.S. temporarily while their I-539 Application to Extend/Change Nonimmigrant Status is still pending. This can be a complex and potentially problematic situation for several reasons. Here's a detailed breakdown of what happens if you leave the U.S. during the pending status and the implications it may have.

Abandonment of the I-539 Application

One of the most critical consequences of leaving the U.S. while your I-539 application is pending is the automatic abandonment of your application. The U.S. Citizenship and Immigration Services (USCIS) considers your application abandoned if you are absent from the U.S. for more than 30 days. This means you will no longer receive a decision on your extension or change of status application.

Return to the U.S. After Leaving with a Pending Application

The implications for re-entering the U.S. after a temporary departure can be significant, especially if your application is still pending. If you were in the U.S. on a nonimmigrant visa and had specific requirements regarding your status (such as adhering to certain travel limitations or fulfilling other conditions), leaving the country could lead to scrutiny upon re-entry.

Varying Re-entry Scenarios

Visa Stamped on Passport Despite Pending Application: Even if you still have a valid visa stamp in your passport and have been out of the U.S. for a relatively short period (less than a few days), your visa extension application may still be processed upon your return. However, you should be prepared for additional scrutiny from immigration authorities and potential delays. Expiring Visa Stamp: If your visa stamp has expired, you can typically apply for a new one at a U.S. embassy or consulate before your departure. This new visa will allow you to re-enter the U.S. and proceed with your visa extension application. Absenteeism of 30 Days or More: If you have been absent from the U.S. for 30 days or more while your I-539 application is pending, your application will be considered abandoned. In this case, you may need to refile your application, presenting new evidence and potentially undergoing an interview, which can lead to delays and additional costs.

Future Travel Implications

Leaving the U.S. with a pending I-539 application can have lasting effects on your future travel plans. These effects can be particularly challenging if you need to apply for a visa in the future or re-enter the U.S. under different circumstances. You might be required to explain the reasons for your previous departure and the circumstances surrounding the abandonment of your application. In some cases, this can result in complications or delays, making it essential to carefully consider your options before making a decision.

Recommendations

The best course of action is to consult with an licensed immigration attorney who can provide personalized advice based on your specific circumstances. They can help you understand the potential risks and consequences of leaving the U.S. while your I-539 application is pending and provide strategies to mitigate these risks.

Additionally, unless it is an emergency, it is advisable to wait for your I-539 application to be approved before making any plans to leave the U.S. Delaying your departure can save you a lot of stress and potential complications in the future.

Whether you're an F-1 student, an H-1B professional, a J-1 exchange visitor, or any other type of nonimmigrant visa holder, it is crucial to understand the implications of leaving the U.S. during your visa extension application process. By staying informed and seeking professional advice, you can navigate this process more smoothly and avoid potential pitfalls.

Key Takeaways:

I-539 Abandonment: Leaving the U.S. while your I-539 application is pending will result in the automatic abandonment of your application. Re-entry Scrutiny: Returning to the U.S. after a temporary departure could result in additional scrutiny and potential delays. Future Travel Risks: Your future travel plans may be affected if you need to reapply for a visa or re-enter the U.S. under different circumstances.

By carefully considering these factors, you can make informed decisions about your travel plans and ensure a smoother path to your goals.