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Sykes · Jan 1, 2009, 09:35 AM

Earlier this year my father (non-res alien B1B2 visa) became ill and passed while at his home on FL. My mother (non-res alien B1B2 visa) was forced to stay past her 180days and filled an extension (I-539) before her status expired. She would have extended her stay if she stayed in the US past April7th but filed the extension before that date; she was able to leave the US on June 26th and she has not returned since. She has just received an email stating that her extension request has been approved and that an I-797 form has been mailed to her US address and to follow any instructions therein.

Unfortunately Mum has a flight booked to return to the US on Jan 5th, this does not allow time to received the I-797 form nor read its instructions.

Should my mother be worried about trying to re-enter the US? Any guidance would be greatly appreciated as she is quite worried about trying to re-enter.

lawanwadee · Jan 1, 2009, 12:13 PM

No problem.. it's good that she left US as soon as she completed the chores. Keep copies of I-539 and I-797 in safe place, she will need them when she enters US next time or when she applies for new visa.

Sorry for your loss.

Sykes · Jan 1, 2009, 12:46 PM

Originally Posted by lawanwadee

No problem.. it's good that she left US as soon as she completed the chores. Keep copies of I-539 and I-797 in safe place, she will need them when she enters US next time or when she applies for new visa.

Sorry for your loss.

Lawanwadee,

Thanks for your quick reply. I noticed that you mentioned that Mum should have both forms (I-539 and I-797) with her on re-entry. Unfortunately she only received the email today stating that her I-539 has been approved and that the I-797 has been sent to her home in FL but she plans on re-entering on this coming Monday Jan 5th, which does not allow time to received the I-797 form nor therefore forward it to her current location prior to her travel. Mum booked the flight some time ago and was not aware that she needed any approval form (I-797) hence she is now concerned.

She is planning of printing the approval email that was received today and she has a copy of her I-539 form with her. Should this be sufficient?

lawanwadee · Jan 1, 2009, 01:31 PM

Originally Posted by Sykes

Lawanwadee,

thanks for your quick reply. I noticed that you mentioned that Mum should have both forms (I-539 and I-797) with her on re-entry. Unfortunately she only received the email today stating that her I-539 has been approved and that the I-797 has been sent to her home in FL but she plans on re-entering on this coming Monday Jan 5th, which does not allow time to received the I-797 form nor therefore forward it to her current location prior to her travel. Mum booked the flight some time ago and was not aware that she needed any approval form (I-797) hence she is now concerned.

She is planning of printing the approval email that was received today and she has a copy of her I-539 form with her. Should this be sufficient?

If she doesn't have copy of I-539, just present I-797 to immigration officer. The record will be shown as "overstay visa" (according to the previous I-94), then she can explain and submit the evidence.