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I-539 was denied due to departing the US before biometrics. Visa was revoked.

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  • I-539 was denied due to departing the US before biometrics. Visa was revoked.

    My parents' I-539 were denied due to departing the US before biometrics. They plan to come back to the US on the same B2 visa but were told that the visa were revoked. They don't have any violations during the stay and we applied for I-539 on time before the I-94 expired. Based on the 9 FAM 302.1-9(B)(1)(c)(4), the authorized stay should not accrue unlawful presence and should not void their visa. Is this an error? If this is an error, should we get a new B2 visa from the home country?

  • #2
    Who said their visa was revoked?

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    • #3
      Leaving while a petition is pending automatically revokes it. However the visa should still be active unless some other factors lead to the revocation.

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      • #4
        A request for an adverse decision to be reviewed by a different body is known as an appeal. The Department of Justice's Board of Immigration Appeals (BIA) or the USCIS Administrative Appeals Office (AAO) both accept appeals of specific USCIS rulings. Administrative appellate bodies with jurisdiction over various categories of immigration cases are the BIA and the AAO. You can find out where to file your appeal and whether you can appeal the decision by reading the denial or revocation notice.

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