Are there problems returning to the United States with a visitor visa if I request an extension in advance?

My parents came from Venezuela to the United States on a visitor’s visa. Due to the epidemic, they struggled to find the flight back to our country and requested an extension of their stay. Before USCIS decided on their petitions, my parents took a trip to Venezuela. USCIS refused my mother’s request. The decision about my father is pending. Will they have problems the next time they come to visit me in the United States?

– Name has been deleted. Orlando, Florida.

Their parents should have no problem returning with a visitor visa. This, assuming they submitted the application before the initial residence permit expired.

Immigration laws do not penalize non-immigrants who leave while awaiting their extension applications.

The fact that they left before USCIS reached a decision is a sign of their good intention to leave in time.

Upon their return, their parents must bring a copy of the extension application and corresponding receipts.

Alan Wernick directs the CUNY Citizenship Now project at the City University of New York. Send questions to: [email protected]. Twitter: awernick