Extension of B2 visa

S

sg84

New Member
Hello,

I have a two part question.

My mom arrived in the US on B2 visa in June 2025 and we applied for another 6-month extension of stay in August. Her current 1-94 expires on Dec 21st.

1> Can she continue to stay in the US while the case is pending and will that count towards overstay if the case is denied?

2> Since I-539 processing times are currently longer than usual, what happens if USCIS does not process the case before that extended 6-month preriod is also over which would be around June 2026?

I’d be grateful for some clarity. Thank you.
 
sg84 said:
Hello,

I have a two part question.

My mom arrived in the US on B2 visa in June 2025 and we applied for another 6-month extension of stay in August. Her current 1-94 expires on Dec 21st.

1> Can she continue to stay in the US while the case is pending and will that count towards overstay if the case is denied?

2> Since I-539 processing times are currently longer than usual, what happens if USCIS does not process the case before that extended 6-month preriod is also over which would be around June 2026?

I’d be grateful for some clarity. Thank you.
Click to expand...
1. Yes to both, but note she will not accrue any unlawful presence (a separate issue from overstay) until a denial decision. Note that in this instance (denial + overstay), it is common for the existing b visa to be revoked. If it is approved, it is retroactive to the end of the initial b visa stay and then there would have been no overstay.
2.considering she would by then have been in the US for a year, she should plan to leave. Even if the i539 were to be approved, it would only be valid to that date anyway.
 
SusieQQQ said:
1. Yes to both, but note she will not accrue any unlawful presence (a separate issue from overstay) until a denial decision. Note that in this instance (denial + overstay), it is common for the existing b visa to be revoked. If it is approved, it is retroactive to the end of the initial b visa stay and then there would have been no overstay.
2.considering she would by then have been in the US for a year, she should plan to leave. Even if the i539 were to be approved, it would only be valid to that date anyway.
Click to expand...
Hi SusieQQQ,
Thank you so much for your quick response. The case was approved yesterday :)
Have a good one!
 
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