Need advise please on the Biometric appointment received for I539 (B2 Extension) after parents left

donkfer

New Member
I applied B2 extension of stay I539 application in October 2020 to be extended until Jan 2021. My parents left to India in Jan 2021 and I received Biometric appointment in June 2021 for 2nd July 2021.

Need advise please ,
1. Can my parents do biometric in india ?
2. Should i send a withdrawal letter via certified mail for the submitted I539 application ? what documents should i attach ?
3. If i submit the withdrawal, will their stay between November 2020 and jan 2021 be considered out of status ?
4. Will the withdrawal create any issues during their reentry in the future ?
 

wagecuck3

Member
1. No
2. It's not necessary. When they don't show up for the appointment, USCIS will simply mark the application as abandoned.
3-4. After a person's I-94 has expired and while an extension is pending, the person does not have status, but they are also not considered to be unlawfully present. They will not be barred from returning to the US, because they did not accrue any unlawful presence. Their visas will not be cancelled, because the State Department's policy is that a person who stays past their I-94 expiration date, but with a timely filed and nonfrivolous application to extend status, and who leaves the US while that application is still pending, will not have their visa cancelled under INA 222(g). It is possible that they may be questioned about the situation the next time they travel to the US, but the situation described is common, and they should be admitted if there are no other issues.
 
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