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a_gyan

I-539 rejected due to biometric appt non-appearance

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Hello,

My mother-in-law landed in the US on Oct 31 2019 and was granted an authorized period of stay until April 29, 2020.

Due to Covid-related travel restrictions and non-availability of fights we filed a Form I-539 on March 25 2020 seeking a three month extension. After three months elapsed we re-filed seeking yet another 3 month stay extension. Case status was "scheduling biometric appointment" throughout.

My mother-in-law finally departed US for India on November 30, 2020.

Recently we received an email from USCIS to the effect that application is considered abandoned and USCIS denies our request. Reason cited is failure to appear for biometric appointment scheduled for Feb 25 2021.

Incidentally we received neither mail nor email notification for a biometric appointment. In any event a biometric appointment is moot under the circumstances.

Will this jeopardize my mother-in-law's ability to visit the US? It is surprising that the USCIS was unable to track her departure from the US on Nov 30th and void our application.

The USCIS denial letter states that a denial due to abandonment may not be appealed, however we may file a motion to reopen the application. But this does not apply in these circumstances.

What course of action is available to us to ensure my mother-in-law's records are corrected and that she is able to make visits to the US in the future?

Thank you

 

 

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