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 B2 Visitor visa stay extension I539 denial notice received after departure from the US
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Posted on 07-10-21 5:07 PM     Reply [Subscribe]
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My parents filed the B2 visa extension in March 2020 as airport in Nepal was closed due to the Pandemic. When they filed the i-94 was still valid. They received the case number after filing the extension. They return back to Nepal in September 2020 as soon as flights resumed. 6 months after returning back to Nepal around March 2021, USCIS sent update to appear for Biometrics. As they already returned back to Nepal they were not able to appear in Biometrics. USCIS denied my parents B2 visa extension as they didn't attend biometrics and their I-539 petition got denied.
Now my question is- what will happen in this situation if they want to come back to US ? Is their Visa still valid (its valid till 2024, not sure if it will be void because the petition got denied)? what kind of documents they need to carry in port of entry ? Any one experiencing similar situation ? any input will be appreciated..
Posted on 07-11-21 12:18 PM     [Snapshot: 128]     Reply [Subscribe]
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Hi Klmn ji,
I have not been through the similar scenario, but will try to pitch in some opinions of mine. Mangale ji was the right person here in Sajha to talk about immigration stuff but he had some serious issues with the overall site, so he is not here now, you can search his name to read his old postings though.

Since your parents have the valid visas till 2024 on the passports and I hope they did not miss the duration of stay of visitor visa when they left the country in September of 2020, they should be fine to be able to come back, I believe. They tried for extension but they left before they go for the biometrics, so it is basically like they abandoned the petition and honored the visitor visa and left before the expiration date (if that is the case). This might in fact act to their advantage I believe. Trying for extension while in USA but not attending the biometrics may not be a red flag for future visits I guess if you can explain the whole case to the counselors in Nepal if they ask (like pandemic, flight resuming late etc.), but they will know about the petition anyway from the record, but if they will make it a big deal I doubt it. But do ask other people too just in case.

** Just like to add that if their stay in USA had surpassed the expiration date then, it is not considered overstay of status if the decision has not been made by USCIS yet, so maybe you should not worry much (?). Show the counselors the decision letter etc. when they denied the extension for not receiving the biometrics.

Last edited: 11-Jul-21 12:31 PM

Posted on 07-12-21 11:17 PM     [Snapshot: 382]     Reply [Subscribe]
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Klmn, I did extension of visa for my parents and they were never called for fingerprints. Is this new rule. By the way Bennedict may have answer to my question. I was trying to renew my parents visitor visa via drop box but it seems they are ineligible as they filed for extension of stay in USA. Since US embassy is close for non immigrant visa, any idea where can I email to request waiver for interview and use drop box system. They had already done drop box extension once in 2016 but US embassy is not allowing this time as they had file extension of stay although it was approved by USCIS.
Posted on 07-14-21 11:00 PM     [Snapshot: 539]     Reply [Subscribe]
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Thanks for the information, really appreciated.
@ Bhai Raja-
I think they are sending random request for Bio Metrics. Some are getting the request and some cases are decided without it.

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