Is Your I-539 for B-2 Pending During a Shutdown Keeping Status?

(UNITED STATES) With a federal funding lapse taking effect on October 1, 2025, many visitors in the United States on B-2 status are asking whether a pending I-539 extension keeps them in lawful status. Immigration officials say yes, with an important condition: if you filed your I-539, Application to Extend/Change Nonimmigrant Status, before your I-94 arrival/departure record expired, you are generally considered to be maintaining lawful status while the case is pending.

That timely filing also protects you from accruing unlawful presence during the wait, as long as you keep following the rules of your current status. USCIS services are largely fee-funded, so the agency reports it will keep working during the shutdown. That means it will continue to accept and process I-539 filings. Some services outside USCIS may slow down, and that can create knock-on delays. But the core message for B-2 visitors is steady: a timely, non-frivolous extension request allows you to remain in the country while USCIS decides your case.

According to analysis by VisaVerge.com, this has been the consistent approach across prior funding lapses, and it gives families a path to avoid sudden travel or rushed decisions during a stay extension.

The 240-day practical rule and its limits

Officials and attorneys also point to the longstanding 240-day rule as a practical guidepost. While best known in work visa contexts, the rule is widely understood by travelers to mean they can stay up to 240 days beyond the I-94 date if a timely I-539 remains pending and they continue to follow their status terms.

For B-2 visitors, that means:

• No work and no study requiring an F-1 or M-1.
• Full compliance with any special conditions of the B-2 status.

If USCIS ultimately denies the case, the protection ends, and unlawful presence can start the day after the denial — so timing and follow-through matter.

Important: If the I-539 was filed on time and is pending, you generally do not accrue unlawful presence while waiting. If denied, unlawful presence typically begins the day after the denial notice date.

Policy context and what continues during a shutdown

Because USCIS runs primarily on filing fees, most application types keep moving even when other parts of the federal government pause. This generally includes:

• Intake of filings
• Biometrics where sites remain open
• Decisions on change and extension requests like the I-539

Systems that rely on annual appropriations outside USCIS may pause. Examples and impacts:

• E-Verify (an employer verification system) usually goes offline during shutdowns. While E-Verify does not directly involve B-2 visitors, such pauses can ripple into processing when an application needs data from another agency.
• Consular operations abroad and ports of entry can face reduced services if State Department funding is affected. That matters if a B-2 visitor plans to depart and seek a new visa or try to return during the shutdown.
• Some information-sharing tools between agencies may queue requests, creating knock-on delays.

USCIS guidance on extending stays remains the main reference. Review filing instructions and the effect of timely filings on continued stay at:
– USCIS: Extend Your Stay
– Form I-539, Application to Extend/Change Nonimmigrant Status

Practical steps for visitors with pending I-539 cases

If you filed your I-539 before your I-94 expired, you generally remain in a period of authorized stay. Keep a clear file to show timely compliance.

Essential documents to keep:

• Copy of your receipt notice
• Proof of delivery if mailed
• Printout of your I-94
• If filed online: download the submission and the receipt confirmation

Key points to keep front and center:

1. Timely filing is essential.
   • Submitting the I-539 before your I-94 expires shields you from accruing unlawful presence while the case is pending.
   • Late filings risk denial and may trigger unlawful presence.
2. Permitted stay while pending.
   • You may remain in the United States during the pending period — commonly understood for up to 240 days after the I-94 end date if the application was timely and you keep following B-2 rules.

1. No work, no study.
   • B-2 status bars any employment and study that requires a student visa. Violations can lead to denial and future entry problems.
2. USCIS keeps processing.
   • During a shutdown, USCIS continues most fee-funded operations, but timelines can slip if other agencies slow down.
3. Do not travel if you want the case to continue.
   • Leaving the country while an I-539 is pending is treated as abandoning the application.
   • If you must leave, plan for the extension to be closed and for possible visa steps abroad later.
4. Keep your address current.
   • File an AR-11 change of address promptly to avoid missing notices.
5. Document your intent.
   • Extensions hinge on showing temporary intent and sufficient funds. Keep records of return plans and financial support for your extended visit.

What happens if you leave or are denied

• If you depart before a decision, the pending I-539 is considered abandoned, and you stop accruing days in the United States. You generally do not rack up unlawful presence after you leave, but your extension request will no longer be decided.
• If USCIS denies the extension after a timely filing, unlawful presence typically begins the day after the denial notice date, unless another protection applies.
• Avoid overstays that could trigger the three- or ten-year bars on reentry.

For those who filed late due to rare events (e.g., a medical emergency), USCIS may, in limited cases, excuse the delay if you document the reason and file as soon as possible. During a shutdown, keep records of any agency closures or service limits that affected your ability to file or respond.

Practical tips around biometrics and appointments

Families should prepare for practical delays:

• Mail delivery of biometrics notices may lag.
• Some appointment sites might adjust hours or close temporarily.
• If you miss a biometrics date due to a shutdown-related closure, follow the notice to reschedule quickly.
• Keep copies of any closure alerts and your reschedule requests.

Monitoring your case and seeking help

• Check your case status online with your receipt number.
• Watch for USCIS service updates and closures.
• Consider a short consultation with an experienced immigration lawyer if:
  • Your travel plans changed,
  • A family emergency requires departure, or
  • You face complex status questions.

The choices you make now affect future entries, visa renewals, and how officers view your intent.

Key takeaway: While shutdowns create stress, the core guardrails for B-2 visitors remain clear — timely I-539 filing, no status violations, and careful records. With those steps, most people can wait for a decision without falling out of lawful status or triggering unlawful presence.