I-539 DENIED DUE TO DEPARTING THE US BEFORE BIOMETRICS

[phanidhar]

On May 1, 2020, you filed a Form I-539, Application to Extend/Change Nonimmigrant Status with U.S. Citizenship and Immigration Services (USCIS). After careful review and consideration of the entire record, your Form I-539 is denied for the reason(s) discussed below. You were admitted to the United States as a B2 nonimmigrant on November 20, 2019, and were granted an authorized period of stay until May 19, 2020. Under Title 8, Code of Federal Regulations (CFR), section 103.2(b)(13)(ii), if USCIS requires an individual to submit biometrics, attend an interview or other required in-person process, and if that individual does not comply, the application or petition shall be considered abandoned and denied, unless USCIS has received a change of address or rescheduling request by the appointment time that the agency concludes warrants excusing the failure to appear. Title 8 Code of Federal Regulations, Section 214.1(c)(5) states: Decision in Form I-129 or I-539 extension proceedings. Where an applicant or petitioner demonstrates eligibility for a requested extension, it may be granted at the discretion of the Service. There is no appeal from the denial of an application for extension of stay filed on Form I-129 or I-539. A review of official records shows that you departed the United States on November 6, 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. This decision is without prejudice to consideration of subsequent applications to extend/change nonimmigrant status filed with USCIS. U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Nebraska Service Center MCT2001076262 NSCI539NSCI53000017799345 1 of 2 www.uscis.gov This decision may not be appealed. However, if you disagree with this decision, or if you have additional evidence that shows this decision is incorrect, you may submit a motion to reopen or a motion to reconsider by completing a Form I-290B, Notice of Appeal or Motion. A motion to reopen must state the new facts to be considered and must be supported by affidavits or other new documentary evidence. A motion to reconsider must show that the decision was legally incorrect according to statute, regulation, and/or precedent decision.

I was not able to travel back due to covid.

1) what should I do now?

2) will there be any issues if I try to re-enter the US on a B2 visa?