B2 Visa Extension not yet come through

[prs108]

Hi there.

My mother in law, who holds a 10 yr multiple entry visitor visa to the US, received only 3 months stay for her B2 visitor's visa. The I-94 is set to expire on Oct. 21. My wife, her sponsor, has applied the I-539 visa extension about a month ago (seeking 3 months extension for my mother-in-law) but not yet received a decision from USCIS. Can my mother-in-law legally remain in the US until a decision is made by the USCIS even if it is beyond Oct. 21 or is she still required to leave by Oct. 21?

Slightly urgent matter. Much thanks in advance for any guidance on this.

 

[nkm-oct23]

She remains in legal status beyond Oct 21 while her I-539 application is being processed. USCIS will take 3-4 months to make a decision.

If her application is denied, USCIS will normally provide a date by which she would be required to leave US.

 

[Triple Citizen]

Firstly, a correction. There is no such thing as a "sponsor" for B-2 visa.
Secondly, with a restricted I-94, it was not a wise move to submit an EOS. However, that is water under the bridge now.
Thirdly, yes your mother-in-law can remain in the US until her I-539 is adjudicated.

My mother in law, who holds a 10 yr multiple entry visitor visa to the US, received only 3 months stay for her B2 visitor's visa. The I-94 is set to expire on Oct. 21. My wife, her sponsor, has applied the I-539 visa extension about a month ago (seeking 3 months extension for my mother-in-law) but not yet received a decision from USCIS. Can my mother-in-law legally remain in the US until a decision is made by the USCIS even if it is beyond Oct. 21 or is she still required to leave by Oct. 21?