Understanding B2 Visa Revocation While a Pending I-539 Application is Underway

It is a common misconception that a B2 visa can be revoked if an individual is staying in the U.S. for more than six months with a pending I-539 application. However, as per U.S. immigration guidelines, this is not the case. This article will clarify the confusion and provide a detailed breakdown of the scenarios where a B2 visa might be revoked while a pending I-539 application exists.

Allowable Stay During I-539 Processing

When a B2 visa holder files a timely and non-frivolous I-539 application for extension of stay, they may continue to remain in the U.S. until a decision is made on the application. This means that even if the I-94 expiration date has passed, the visa holder can still stay in the U.S. if their application is being processed. It is important to note that the I-94 record merely provides a non-exclusive period of stay and does not override the need for a timely application.

Automatic Revocation of Visa After Denial

However, there is a critical distinction that should be noted. If the I-539 application is denied and the individual remains in the U.S. beyond the I-94 expiration date, the visa is automatically voided. This is due to the individual being in unauthorized status. Even if the denial notice is received, the time already exceeded the I-94 date, resulting in illegal stay and voiding of the visa.

When a Visa is Not Voided

The following scenarios indicate when a visa will not be voided despite the individual overstaying their I-94 period:

Application Approved: If the I-539 application is eventually approved, the visa remains valid and the individual can continue to stay in the U.S. as long as the approved period allows.

Leaving Before Decision: If the individual departs from the U.S. before the decision on the I-539 application, the visa remains valid and no voiding of the visa occurs.

Summary and Legal Guidelines

Based on the legal guidelines provided by U.S. departments, the summary table clearly outlines the scenarios:

Table: Situations Where a B2 Visa is Not Voided

Scenarios Subject to INA 222g

Aliens with Pending Change of Status or Extension of Status Applications:

Alien files a timely application for extension or change of status. The application is subsequently approved. Alien departs after the date on the Form I-94 passes but before the application has been decided by USCIS. Not Subject

Alien remains in U.S. after the application is denied and after the date on the I-94 passes.

Subject

Consulting official immigration guidelines such as 9 FAM 302.1-9B1 and 9 FAM 302.1-9B6 is essential for clear understanding and compliance with immigration laws.

Conclusion

In conclusion, while staying in the U.S. for more than six months with a pending I-539 application does not automatically void a B2 visa, staying beyond the I-94 expiration without approval of the extension application does result in an invalid visa. Remaining informed about the rules and regulations through official sources will ensure compliance and prevent unnecessary complications.