How long can my parents stay after applying for I-539 and before approval comes

[santroz]

My parents came to visit me on 16-Feb-2023. Their I-94 expires on 15-Aug-2023.  I applied for their extension of stay in May end and they completed their biometrics in June. It seems that the response time for I-539 applications are long. I wanted to know how long my parents can stay after their I-94 expires and before their I-539 approval comes? Please provide guidance.

[newacct]

They can stay for as long as their Extension of Stay application is pending, for an unlimited amount of time.

[JoeF]

However, if it gets denied and they are staying past their original I-94 date, their visa would automatically be canceled.

Furthermore, if a denial comes more than 180 days after the I-94 expiration they would also be banned for 3 years.

Edited July 6, 2023 by JoeF

[Attorney_13]

If a non-frivolous B-2 extension is timely filed, an individual is in a period of authorized stay while it remains pending. It is generally advisable to file a second B-2 extension, if the first one remains pending, the requested end date is approaching, and the individual plans to remain in the U.S, past the requested end date. 

[newacct]

On 7/6/2023 at 10:22 AM, JoeF said:

Furthermore, if a denial comes more than 180 days after the I-94 expiration they would also be banned for 3 years.

This is incorrect. They do not accrue unlawful presence while a timely-filed, non-frivolous Extension of Stay or Change of Status application is pending, even if it is ultimately denied or abandoned. If it is denied and they are still in the US, unlawful presence only starts to accrue on the day after the denial, no matter how long it has been after I-94 expiration. If they leave the US in less than 180 days after the denial, they do not trigger an unlawful presence ban.