Can You Travel to the US During a Pending B1/B2 Visa Extension?

Many individuals who enter the United States on a B1/B2 visa face situations where their stay needs to be extended due to various circumstances, such as the ongoing pandemic. One common concern is whether it is permissible to travel in and out of the US during a pending visa extension request. This article explores the conditions under which travel is possible and the associated risks involved.

Eligibility for Travel During Pending Visa Extension

When considering travel back to the US during a pending B1/B2 visa extension request, it is important to understand certain key points:

Multiple Entry Visa: If you entered the U.S. with a multiple entry B1/B2 visa, you are generally allowed to travel and re-enter the U.S. up to the last date your visa is valid, provided you have a valid reason for entry on your subsequent visit. However, past entry does not guarantee future entry. Timely Application Submission: If you filed a timely extension of status application before your visa expired and left the U.S. before a decision was made, your visa was not voided under the provisions of the INA 222g. You can typically re-enter the U.S. under this blanket exemption. Note: A valid visa does not guarantee entry, and the decision remains at the discretion of the CBP officer at the port of entry. Impact of leaving the U.S.: Your extension will be canceled as soon as you leave the U.S. if your application is pending. This means that once you leave, you will need to reapply for a new visa if you wish to return.

Actual Cases and Real-Life Scenarios

Real-life scenarios can vary widely, and the experience of others might provide some guidance:

Timely Extension and Re-entry: An example of a successful re-entry after filing a timely extension application is provided. In the case of an individual who entered on August 2, 2020, with a visa valid until August 4, 2020, they wrote to USCIS for an extension in early March. USCIS responded quickly, extending the visa until late 2020. This scenario suggests that there is a possibility of being allowed to re-enter the U.S., but it is not a guarantee.

Conclusion and Advice

While it is permissible to travel during a pending B1/B2 visa extension request, there are certain conditions and risks associated with such travel:

Permission from the CBP: Even with a valid visa and timely application, the decision to allow re-entry rests with the CBP officer at the port of entry. There is no way to predict the level of risk involved in being allowed to re-enter the U.S. Stay Aware of Visa Status: Whether you leave or stay in the U.S., always keep your visa status updated to avoid any complications in the future. Contacting USCIS: For detailed and accurate legal advice, always reach out to USCIS or consult with an authorized immigration attorney.

While this article aims to provide general information, individuals facing similar situations are encouraged to seek specific legal guidance to ensure their best interests are protected.

For more information and updates on immigration policies, visit the official U.S. government website for immigration services.