CanI remain in the US while myI-539 is pending without any kind of repercussions?

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CanI remain in the US while myI-539 is pending without any kind of repercussions?

I am nearing the end of my 60-day grace period from an F1 visa. I lost my documents over the winter break and was unable to register for opt because I didn’t have I 94 or passport new one still on its way in the mail from London. I filed for a change in status from F1 to B2 just so I have a couple of weeks to wait for my new passport and see my father in NY. I expressed mailed an I 539 to change status and a 1 102 to order a new I 94 on the 54th day of my 60-day grace period. Am I allowed to remain in the country until approved or should I leave right away to avoid an overstay?

Asked on February 3, 2012 under Immigration Law, Florida

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 9 years ago | Contributor

Hello. You are in a period of authorized stay while the case is pending. You may stay for their process or leave anytime. Once you leave the case will be denied.

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are ok to wait for the adjudication of your I-539 as long as it was timely filed.  However, in order to be on the safe side, you should really consult with an immigration attorney in your area in terms of what you should do once the adjudication comes through.


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