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Visitor visa stay extension I539 denial notice received after departure from the US

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  • Visitor visa stay extension I539 denial notice received after departure from the US

    My mother has a valid B1/B2 visa. She was visiting us in 2019 (Travel details below).
    US Arrival date - 06 Apr 2019
    I 94 validity till - 05 Oct 2019
    In the hope to extend her stay for about another month, we filed for her stay extension (I539) on 02 Jul 2019. Subsequently we received a notice to appear for in person biometrics. My mother appeared for the biometrics on the scheduled date 24 Jul 2019. She departed from the US on 09 Nov 2019. We had not received any decision on the stay extension until then. Today I received a denial notice dated 30 Dec 2019 which is after she had already departed from the US. The reason for denial as stated in the notice was - "Under Title 8, Code of Federal Regulations (CFR), section 103.2(b)(13)(ii), if USCIS requires an individual to appear for biometrics capture, an interview, or other required in-person process, and that individual does not appear, the application or petition shall be considered abandoned and denied, unless USCIS has received a change of address or rescheduling request by the appointment time that the agency concludes warrants excusing the failure to appear.
    USCIS directed you to appear at an Application Support Center (ASC) on August 20, 2019 for the
    collection of required biometrics.
    You failed to appear for the scheduled biometric services appointment. Additionally, there is no
    evidence in the record to indicate that USCIS received a change of address or rescheduling request
    justifying your failure to appear prior to the appointment time.
    Therefore, your application is considered abandoned and USCIS denies your request."

    Now we have plans of bringing her back to the US on the 10 May 2019 which 183 days after she last departed from the US.
    My questions are:
    1. Will there be any issue with her re-entry into the US because of this denial?
    2. Will she be likely to get a stay of 180 days when she re-enters the US?

    Will highly appreciate any expert advise and recommendation in this matter.
    Last edited by skrizwan; 01-08-2020, 02:56 PM.

  • #2
    Originally posted by skrizwan View Post
    1. Will there be any issue with her re-entry into the US because of this denial?
    Most probably, she may be questioned about her extended stay during last visit. Have her carry proof of all this story mentioned above (i.e. extension application, bio-metric appointment, denial notice etc).
    Originally posted by skrizwan View Post
    2. Will she be likely to get a stay of 180 days when she re-enters the US?
    I doubt, but keep her return ticket handy & plan her trip as short as possible (say 1-2 months). If she gets I94 for 6 months, you can change the tickets, if not have her leave USA before I94 expiry & do not file for extension this time. This will help her visit USA without any hassle next time.

    On another side, considering she is an old lady, they may allow her without any issues in this trip as well.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.


    • #3

      I am also in the same situation. My mother came to US and initially granted stay until June 6th 2020. Due to covid, we applied for extension on April 20th. We received denial notice on 16th Feb 2021 after my mother left US on Dec 15th 2020.

      The notice says "A review of official records shows that you departed the United States on December 15, 2020.
      Because you have departed the United States, you will be unable to satisfy the biometric requirement
      of the Form I-539. Regulations require all applicants on a Form I-539 attend a biometric appointment
      at their nearest ASC."

      She stayed more than 180 days after her actual I-94 expiry date.

      Did you bring back your mother as per your plan? Could you please share your experience. Thanks !
      Last edited by ceci1073; 03-24-2021, 04:00 PM. Reason: Link


      • #4
        USCIS has denied my parents B2 visa extension as they travelled out of country last month before they appeared for biometrics and their I-539 petition got denied. I have sent them a letter stating not able to appear for biometrics as they already left the country since the biometrics was delayed. So they have denied the application noting the regulations require all applications on a Form I-539 to attend a biometric appt.

        They have stated "USCIS is denying your application as a matter of discretion, Should you seek to re-enter the US as a B non immigrant, you will be required to establish your admissibility again and be granted admission as a B-2 non immigrant by US Customs and border protection.

        Is this something to be concerned or should i file MTR? Is this stating they need to prove their legal presence when they enter next time. As i m not clear on what has been stated on the decision


        • #5
          Do you have any additional information on what will be needed for your parents to be allowed back in the US? My mom received a similar letter since she left the US after flights resumed after Covid lockdown but needs to come back here for a few weeks in September.


          • #6
            Hello Carwin... did you find a way to sort this. I am in same case for my parents.


            • #7
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