Daniel Shaffer, Esq.
Leaving the US Before Your Extension of Stay Is Approved
Updated: Feb 23, 2021
With the COVID-19 virus slowing down normal processing times, I have been getting one question frequently:
“I applied for an extension of stay and it hasn’t been approved yet, but now I need to leave the US. What should I do?”
If you leave the US before you get your approval, you need to send a letter to the USCIS office that’s processing your case requesting that the extension be approved up until the date you left. You should include evidence that you have left the US with your letter, which can include a copy of your boarding pass for your flight out of the US (if applicable), a copy of your passport showing the entry stamp for the country you went to, and a printout of your travel history from the CBP website here.
Sending this letter will ensure that your application is not denied because you missed your biometrics appointment. If you miss a biometrics appointment, USCIS will assume you intended to abandon your application, and it will be automatically denied. If your extension is approved after sending this letter, your visa will remain valid and you will avoid accruing unlawful presence in the US.
If you have any questions or concerns about your case or would like assistance preparing this letter, contact us here!
Disclaimer: This post is attorney advertising. It is meant as general information only, and is not legal advice, nor does it create an attorney-client relationship. We suggest you set up a consultation with us before acting on anything you read here. Past results do not guarantee future outcomes; every case is unique and must be analyzed individually.