I 539 Denial

[minalsurve]

I have a question on I539 denial.
I have received contradicting information and seek clarity. I would like to know if leaving the U.S. after the date on the I-539 denial voids a 10yr Multiple entry visa. Would leaving within 2 days of the I539 denial keep the non-immigrant visa valid and let me reinter the United States on the same visa since I left as soon as possible after the denial. I would greatly appreciate your input on my options. Thanks.

 

[greeniscool27]

If you think that you have valid reasons to apply for an extension and your application is denied, you can try to appeal your case. Appeal should be filed within 30 days after the receipt of the denial notice. Once the appeal is on process, your validity to stay in the US is no longer dependent on your I-94 but as to when your appeal results will be issued.

if you get approval, you will receive a new I-94. if you were denied, you will be given a certain period, usually 2 weeks to go back to your country. you will not be considered overstaying and you multiple tourist visa (if you have) will still be valid up to its original expiration. you can still go back to US using that B2 visa. just try not to go back right away, allow at least 1 year or more to return to US since you already have a record of trying to extend or prolong your stay. USCIS thinks 6 months of stay is more than enough if your purpose is only to tour around. staying more than that means you are doing something else that might be in violation of the immigration laws.

hope this helps.

God bless.
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[Triple Citizen]

According to 222(g), your visa is considered null and void.
Having said that, it is up to the admitting officer at the POE to enforce 222(g) or not. If you leave before the original I-94 expires, you are fine, even if the I-539 is denied.

I would like to know if leaving the U.S. after the date on the I-539 denial voids a 10yr Multiple entry visa. Would leaving within 2 days of the I539 denial keep the non-immigrant visa valid and let me reinter the United States on the same visa since I left as soon as possible after the denial.