RFE for I-539 Parents extention

[539extensionwal]

Hi!

My parents got a RFE for I-539 (extension of stay) asking the following:

(1) Submit evidence to establish that you have a residence abroad to which you intend to return.
(2) Submit a statement in which you describe your intention concerning departure from U.S.
(3) Submit evidence that shows that you are in possession of a return transportation ticket.

I94 expiration date is Sep 05, 2003
I-539 Receipt date is July 22, 2003
RFE date is Sep 13, 2003.

Following are my questions:

1. Are they out of status now(Sep 27, 2003) OR they are fine till I get a closure (approval or denial) from the INS ?

2. In case INS denies the application, will they be out of status since Sep 05, 2003? If so, will they have a hard time visiting again next time?

3. What happens if INS denies after my parents have left. Is the case considered void?

4. INS have asked for the answers to the RFE by Dec 13. What is the ideal time reply?

5. Can anyone please let me know the format for these letters.

Thanks in advance,
- extension seeker

 

[nkm-oct23]

1. Are they out of status now(Sep 27, 2003) OR they are fine till I get a closure (approval or denial) from the INS ?
No, they are in status as long as the application is pending.

2. In case INS denies the application, will they be out of status since Sep 05, 2003? If so, will they have a hard time visiting again next time?
Yes, they will be out of status from Sep 05, 2003 and might face more questioning during their next visit.

3. What happens if INS denies after my parents have left. Is the case considered void?
They will still be considered as having overstayed and this might trigger more questioning during their next visit.

4. INS have asked for the answers to the RFE by Dec 13. What is the ideal time reply?
reply as soon as possible.

5. Can anyone please let me know the format for these letters.
Can be written just like any other formal letter.

Thanks in advance,
- extension seeker