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DS-160 form question and extension of stay (I-539)

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  • DS-160 form question and extension of stay (I-539)

    Hello,

    I hope you're doing well.

    I am in an odd situation and need some help. My father was here in USA last summer on B2. Because of COVID-19 situation, we decided to file for extension. We did his fingerprinting as well. But probably because of lots of backlog at USCIS, it took too long to process his case. So he left the USA while his application was still being processed. After few months, I got denial notice. Now, his visa has also expired (10 years) so I am planning to apply for new visa. I have a question regarding one DS-160 question.

    Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?

    Should I say NO, since he left the country BEFORE the application was denied?

    Please help.

  • #2
    Hi,
    I dont think so, you will need to say Answer YES. Because I believe, You did file Extension before your current Visa Expires.. If that is the case, you will need to say Answer as NO for above mentioned question.
    Thanks

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