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bmanick

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About bmanick

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  1. My father came to the USA on 27th January 2020 with a return flight back for May 2020. Due to covid and disruption of flight service, in May 2020, we applied for his B2 extension (I-539) - (first time) before his I-94 expiration in July 2020. As the situation got worse, we filed a second I-539 application again in January 2021. Due to progression of COVID and Delta variant, we continued to watch for the best opportunity to send him back to India. However, on Jun 17th 2021, he attended the biometric appointment and he was able to leave July 13th 2021 while first extension results were still pending and 2nd extension still shows case received. Only on December 14th 2021, we were notified that the (first)extension was denied, stating though biometrics were given, his fingerprints could not be used for background verification while also acknowledging his departure date in the denial letter. My questions are: 1. Will this denial automatically void his 10-year multi-entry visa to the U.S. even though he left USA before a decision was made on his first I-539 application? Can he travel using this current B2 Visa? 2. Was his stay in the U.S. from the I-94 expiration date (july 26 2020) till his departure in July 2021 considered illegal despite the fact that his I-539 case was pending at that time? 3. Will this cause issues for future VISA or re-entering the USA? 4. Do I have to file an appeal I-290B (even though the 33 days time for appeal has expired) to ensure his case was justified under the current circumstances so it does not create problems for future entry?
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