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Venkatkumar

I-539N Extension denial notice for my in-laws

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Hi all, 

Good morning. This is regarding my in-laws I-539N extension denial. They entered the United States last year February 26, 2021 and their authorized period of stay was until August 25, 2021. But due to pandemic situation at that time, we applied for extension in July, 2021. They left on November 24, 2021 and we got their biometric appointment notice on December10, 2021 and then we applied for withdrawal of the extension. USCIS responded with the denial notice and I attached them. Please see them.

Below are the questions that we have:

1) USCIS mentioned that they could not process the withdrawal because my in-laws did not sign the withdrawal application as they left the United States already. Do we have to worry about the withdrawal now?

2) USICS mentioned "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 admissions as a B2 nonimmigrant by U.S Customs and Border Protection" in the denial. What does this mean?

3) USICS mentioned a warning in the second attachment, which says "An alien who accrues more than 180 days of unlawful presence in the United States, and then departs, is inadmissible to the United States for a period of three years or ten years". Does it mean my in-laws cannot enter the United States for the next 3 or 10 years? 

We heard that if we apply for extension before their authorized period of stay (August 25, 2021) then they can stay beyond 180 days. Is this not true?

Kindly help us with these questions as we are going to have our first baby and my wife needs her parents in 6 months.

I-539 Denial-1.png

I-539 Denial-2.png

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1. Don't need to worry about the withdrawal; the application is moot once they left the US

2. It doesn't mean anything. Any time someone enters as a nonimmigrant they need to establish they are admissible.

3. No. They did not accrue any unlawful presence since they left while a timely-filed, non-frivolous EOS was pending

 

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Thankyou Sir, reg #2, My in-laws have a valid visa fir another 6 years so that means in this case, they still have valid visa and they are admissible correct?

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