chitam

Hello to all,
My husband is a dependent E2 visa holder, he submitted his I-539 form to extend his stay in US July 2020 due to the covid-19.The USCIS asked him to submit RFE by the end of May 2021, and we did it on June 1st 2021. Until today we haven’t received any reply from USCIS and it’s been already 60 days. His visa is valid until November 2022 and I am the principal E2 visa holder and my both I-94 and visa will expire on Novembre 2022.

Now my mother in law is very sick and my husband needs to leave the US to go back to his country, what happened if he leaves the US before he gets the reply from USCIS?

Thanks in advance for any info and advice.

Marina

S Folinsky

The extension application becomes moot.

destone

Out of curiosity— why wasn’t the RFE response submitted by the deadline or earlier?

Your question aside, your husband won’t be able to fly back to the US Covid-policy wise if he’s subject to the ban unless a) he qualifies for an exception (NIE) or b) spends two weeks in a country (e.g. Mexico) not subject to the ban.

chitam

Hello,
The deadline for RFE is by the end of June, we received the notice by the end of May and submitted on June 1st.

Thanks for remind me about the problem he might face to fly back to the US. My husband and I were discussing this today. You are right, he is E2 Visa holder and according to the updated NIE on March, he is not qualified for NIE. Our son is a US citizen, we are not sure if my husband could be (should be in theory) qualified as the parent of a US. citizen under 21 and so he is excepted from the travel restriction. We contacted US Embassy in our country about the reentry and they told us if we believe that the travel ban doesn't apply to us then we should contact airlines and US Embassy will not provide any official letter stating that we are excepted from travel restriction.
Any thoughts and suggestions are very welcome.

Marina

chitam

Hello, could you explain a little bit more please, I don't really get it. Thanks

moot

adj. 1) unsettled, open to argument, or debatable, specifically about a legal question which has not been determined by any decision of any court.

Becomes moot means unsettled? Then what does that mean? Could it lead to any possible result (approve, deny, ect.?)

scrubbedexpat099

Maybe irrelevant could be another word to use?

S Folinsky

I now see how my use of the word is confusing. I’ll try to clarify. Your husband has a pending application for extension of status. In other words, it is to be determined what the terms of his current sojourn in the US will be. Once he departs the US, there is no longer a sojourn to be extended, changed, etc. So, the question has disappeared without determination. It will be moot.

destone

The original post mentioned “end of May 2021” as the RFE deadline hence my question. Sounds like you wanted to write “end of June 2021”?

Since your husband has a child who is under 21 and is a U.S. citizen, he can travel back without restriction. I suggest he carries original marriage, original birth certificate and a copy of the U.S. child passport if applicable.

You may need to restart the extension petition once you arrive back in the US.