FAQ: Consequences of B-1/B-2 Visa Extension applied and leaving the USA
Hi Rajiv JI,
My father visited me last year on
12, Feb 2020 on B1/B2 visa. & due to the covid situation, We had
extended his visa online till
10 Feb 2021.
He had already
gone to INDIA on
5th Feb 2021. To this date, we have not received anything from USCIS.
We have received his
fingerprint appointment in
June 2021. but he is not here in the USA.
He cannot go to fingerprint anyway because he is not in the USA
My questions are
1. Will his extension will be denied without a fingerprint? If yes then
2. Would it be any impact on a future visit or getting visa when it gets expired?
3. what should we do to let USCIS know about his absence in the USA?
Thank You
Nirav
B-1/B-2 Visa Extension
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_______________From Xenon_writer______________
Hi Rajiv,
My mother-in-law visited US under B1/B2 visa on Dev 8, 2019. Due to Covid-19 lockdown, we had to file extension I-539 on April, 2020(45 days before her I-94 expiry date of June 8 , 2020).
>>She had her biomoterics on Oct, 2020. Then she returned back home on Nov 4, 2020 which is before 1 year period of her stay.
>>On March 20, 2021 we recieved a letter from USCIS for RFE. We sent a letter stating that she left and during her stay we sponsored her stay. We did provide Visa details, return ticket, her stamping of leaving the country etc.
>> May 21, 2021, we recieved denial letter from USCIS stating not enough evidence was provided to support extension.
>> May 22, 2021 we received notification that USCIS has reopened the case to re-evaluate the decision they have made before.
>>Now it is still in pending status with USCIS reviewing for decision.
In the meantime, we have added letter stating that we sponsored her stay and also attached bank statmement. Attached her tickets back home, I-94 record of leaving the country in the application portal.
Since its been almost 8 months she has left, we are trying to see if she can come back again in US. Does she need to wait till USCIS decision for extension of previous stay even though she has left before 1 year period?
What happnes if they deny extension again? Does she need to reapply for B1/B2 visa? Appreciated for your answer in advance.