If I file form I-539, can it reduce my current stay?
I have a question about form I-539.
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No, as that was already determined by CBP at port of entry.
That will not change by filing the I-539 in any way.
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I have a question about form I-539.
Lexi, Chatbot
Have you already completed the form or are you seeking guidance on how to fill it out correctly?
I haven't started filling up yet. But my question is pertaining to repercussions of leveraging this form.
Lexi, Chatbot
Is there anything else the immigration lawyer should know before I connect you? Rest assured they'll be able to help with your form repercussions.
No
Anita J. Ijaz
Hi, my name is Anita J. Ijaz, a U.S. Immigration Attorney at Law. Welcome to AskaLawyer. I will be assisting you with your question. I try the best I can to help you to answer your questions and reach your goals.
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I am a specialty worker on H1B, my father recently passed away in India. After all the family events, I sponsored a travel for my mother to the US on B2 visa and she is currently here, with a stay allowed until January 2026. I am going to try to extend her stay with form I-539 as I don't want her to be alone in India and I am the only caretaker for her. What are the chances the form I-539 will get approved? Also say if I-539 is approved for an extended period, will that be considered violation of B2 visa stay as long as my mother only stays until the approved period?
I want her to stay with me in the US, while I figure out a caretaking situation for her, after my dad's passing. It is a difficult time for me. But I also honor and I will fully abide by the visa terms.
But I am also concerned about the repercussions of having an approved I-539.
The next time she re-enters the country, will that be considered a violation of B2 visa?
Anita J. Ijaz
Generally speaking, getting a B2 extended once is no issue with proof of funds and plan to head back.
Anita J. Ijaz
While I-539 is pending, she will have lawful presence as well, even if it's past her I-94 date.
Yes my mother or I have no intention to have my mom stay back. The only reason I want to extend B2 stay is that I am trying to be the caretaker, while I also have a job in the US.
Anita J. Ijaz
Ok, perfect, this is understandable. Should not be an issue.
If I request an extension for another 6 months from January 2026 to June 2026, what are the chances of it being approved? Also if I-539 is approved, the extended stay is considered lawful, correct? And next time she re-enters the country after international travel, the border security officer won't penalize her for overstay (as long as she sticks to the approved stay period in form I-539)?
Anita J. Ijaz
The second extensions are more difficult to prove unless you show why you couldn't leave in the initial extension.
Anita J. Ijaz
Correct, while I-539 is pending / approved, it would be a lawful stay.
Anita J. Ijaz
I wouldn't attempt trip to US so soon after I-539 approval, as they will question why to the US again after being there for so long.
Is there any other legal option I can avail to provide caretaking for my mom? :( If nothing else works, I have no option but to leave the country myself as taking care of my mother is important and necessary.
Anita J. Ijaz
Usually for longer stays, you will need to prove that she cannot take care of herself; i.e., medical documentation.
My question was— my mother is currently approved to stay until January 2026. I am going to plan to submit a I-539 around October 2025 to extend for another 6 months. If it is denied, is there a chance her stay will be reduced from January 2026 to November 2025 or something?
Anita J. Ijaz
No, as that was already determined by CBP at port of entry.
That will not change by filing the I-539 in any way.
Okay. Thank you for your compassionate responses.
Anita J. Ijaz
Please let me know if there's any further follow-up questions that I can answer for you related to your original inquiry. If not, I will close out this chat, and leave my link for any further questions you may have in the future!
Anita J. Ijaz
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