Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.
I am sorry about your father's health emergency and hope he is recovering well.
Good news about a grandchild for your mother.
No she will not have any issue as a result of her departure while her extension request was pending.
She should carry with her the following:
1. Copy of her ticket and her boarding pass for her flight or proof she boarded the private medical airlift flight in July or any other proof of her departure
2. Copy of her I-797 Notice of Action fee receipt.
If she can go the USCIS website and print off the status page showing if any action was taken and it should also give the date if it was. She wants to show she departed before a decision.
The USCIS has published policy guidance on page 35 of their Unlawful Presence memo which states that one is in a period of stay authorized by the attorney general and that there is no negative repercussions for departing while the request is still pending.
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