I-539 denied due to departing the US before biometrics. Any issues coming back to US?

[[email protected]]

My parents had entered the united states on Dec 10 2020 and their I-94 expired on June 09 2020. Due to COVID-19 we had to extend their visa by filing an I-539 on May 3rd. We were able to secure tickets back to our home country on Sep 2020. So essentially we left in 3rd month, before 180 Days mark. I got a denial notice on Feb 22, 2021 stating that
"A review of official records shows that you departed the United States on September 20, 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. USCIS is denying your application as a matter of discretion. Should you seek to re-enter the United States as a B nonimmigrant, you will be required to establish your admissibility again and be granted admission as a B-2 nonimmigrant by U.S. Customs and Border Protection. "
Would they have issues coming back to US. we were not provided any biometrics appointments?

[newacct]

Since they left while the I-539 was pending, their visa was not voided. They can seek entry on their B2 visa just like they can before.

[afrodri85]

Hi Hiranis, my sister is having the same issue and received the same letter. Would you mind letting us know if this posed any issue for your parents reentering the US? Or could you expand if you were able to solve your concern? Thanks in advance

[newcase21]

Hello [email protected]m & afrodri85,
I have similar situation with my parents. Could you please help me what is the solution you found. Is anybody entered back? any issues or no issues?

[PanksHelp]

Hi [email protected]m ,

Did your parents enter the USA again on their old visa and what was the port of entry?

[[email protected]]

Since they left while the I-539 was pending, their visa was not voided. They can seek entry on their B2 visa just like they can before.

All,
This reply from amin should sum it up.

[jonnasn]

All the above members, can you please post what happend to your loved ones cases? Were they able to travel back to US?

[hemamahh]

Following on this thread. We have similar situation. Can anybody provide additional information on this. Does anyone enter US with the old visa?

[jonnasn]

rechecking. Any updates plz

[jonnasn]

An update to others who are on same boat....my parents were able to travel to US with no issues.

[priyavjk06]

jonnasn could you please let me know after how many months of stay in home country did your parents travel back to the US ? I had extended my mom’s stay and she stayed a total of 8 months. Want to know if she can return back after 6 months stay in home country. Please reply as I’m not getting any info or people with similar experience.

[albertcarry]

If your I-539 application was denied because you departed the United States before completing the biometrics appointment, it is essential to consult with an immigration attorney or seek advice from the appropriate authorities for your specific situation. They will be able to provide guidance based on the details of your case.

Generally speaking, departing the US before completing required immigration procedures, such as biometrics, can have implications for future entry into the country. It is possible that your departure could be viewed as abandoning your application or failing to comply with the necessary processes.

To understand any potential issues that may arise upon your return to the US, it is advisable to consult with a legal professional who can review your case and provide guidance based on your specific circumstances. They will be able to offer the most accurate and up-to-date information regarding your situation