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I have a refusal I-539. But I left USA in 30 days. How to check the status B2 visa?

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  • I have a refusal I-539. But I left USA in 30 days. How to check the status B2 visa?

    Hi.
    I was in the United States. B2 visa extended. But I was refused 7 June 2016.
    and I-94 also expired - 16 January 2016.
    30 June 2016 I left the United States (23 days after the refusal).
    USA Embassy in my country responded - this is decides to border control (to allow or refuse entry).

    - someone had questions such problems?
    - how to check the status of the visa B2?

    - somebody visited the United States again (having a similar case) ?
    - somebody went inside the United States (having a similar case) ?
    - what questions to ask you on the border (border officer)?
    - or all (that are such problem) had refusal (on the border) and do not allow to come into the United States?

    Any advice - thank you so much !!!!!
    Slava.

  • #2
    Your visa is void. There is no such thing as "checking the status". It's not a "status" in some kind of system. It's a matter of law. INA 222(g) specifies conditions for automatic voiding of the visa if you stay beyond the period authorized. The period authorized is defined as until the date on your I-94, and if you applied for extension of status or change of status, while the application is pending. So if the application was approved or you left before the application was decided, INA 222(g) doesn't apply; but since you were still here after it was denied, and your I-94 was expired, it applies and your visa is voided, and you have to apply for US visas in your country of nationality for the rest of your life. See here for more details.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      yes or no a ban ?

      question:
      yes or no a ban on entry to the USA for 3 or 5 years??
      Expired - 165 days (counting from the I-94)
      Expired - 23 days (after the answer I-539)

      Thank you!!

      Comment


      • #4
        No ban. You left after accruing 23 days of unlawful presence.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          What do you think - when to apply for a new visa B2 ?

          Thanks for the consultation!

          What do you think - when to apply for a new visa B2?
          A year later I left the United States ?
          after 1.5 years ?
          after 2 years ?

          I understand that I can right now ... but I ask how best to do this?
          and what chance do I have?

          Comment

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