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Learn&follow

I-539 denied due to departing the US before biometrics

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Hi,
My In laws has a valid B1/B2 visa. They were visiting us in 2020 (Travel details below).
US Arrival date - 31 Jan 2020
I 94 validity till - 29 July 2020

Due to Covid-19 all the flights got cancelled except repatriation to India flights (vande Bharat), considering the travel advisory and their age (65+) we thought that it is not right time for them to travel.
We filed their stay extension (I539) on 18 May 2020. Subsequently we received a notice stating that they received the petition and reviewing it but however we had not received any Bio-metric appointment/decision on the stay extension, mean while they wanted to travel back and left the USA on 03 Dec 2020. Today I received a denial notice dated 07 March 2021 which is after she had already departed from the US. The reason for denial as stated in the notice was "A review of official records shows that you departed the United States on December 3, 2020. Because you have departed the United States, you will be unable to satisfy the biometric requirement of the Form I-539. Regulations require all applicants on a Form I-539 attend a biometric appointment at their nearest ASC. USCIS is denying your application as a matter of discretion. Should you seek to re-enter the United States as a B nonimmigrant, you will be required to establish your admissibility again and be granted admission as a B2 nonimmigrant by U.S. Customs and Border Protection. Therefore, your application is denied. This decision is without prejudice to consideration of subsequent applications to extend/change nonimmigrant status filed with USCIS."

 

By the time they left the USA , their application was still in pending and recently it got denied with above reason.

We don't have plans of bringing them back to the US near future but would like to know below

1. Will their Visa got voided and they need to go for Visa stamping again?

2. Will there be any issue with their re-entry into the US because of this denial?


Will highly appreciate any expert advise and recommendation in this matter.

Edited by Learn&follow

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My parents submitted a paper form for their extension, and their status shows denied online (presumably with the same reason above), but we have not received their denial notice to date.  Here is the status. Question - Should they request a duplicate notice be sent to my address in the US using the first link? Or should they update their address to their address in India using the second link? Thank you.

On January 27, 2021, we denied your Form I-539, Application To Extend/Change Nonimmigrant Status, Receipt Number WAC*****. We sent you a denial notice that explains why we denied your case and your options. Please follow the instructions in the notice. If you do not receive your denial notice by February 11, 2021, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

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