I-539 Application for extension of stay denied for parents (with B-2 visas) because of missing biometric appointment

[Kapil K]

B-2 visitor visas for my parents were issued on 9/25/2012 and the expiration date was 9/23/2022. My parents have visited us in US on 12/5/2019 and they were supposed to return back to India on 3/16/2020. Note that they were granted an authorized period of stay until 6/4/2020. 

Due to the unexpected outbreak of COVID-19 pandemic, travel restrictions were imposed by several countries around the world and the airlines had cancelled the flights. I have filed application forms I-539 and I-539A for my parents to extend their stay in US for an additional 6 months and did get the USCIS receipt in the mail. When the airlines resumed the flights back to India in October of 2020, my parents left US because my dad has a chronic medical condition and needed to be seen by his doctor. The biometrics appointment from USCIS was sent in the mail in November of 2020. Since my parents left, I did not take any action. Earlier this month (November of 2022), USCIS has sent a notice that I-539 has been denied because of missing biometric appointment. 

My parents would like to get their B-2 visitor visas renewed so that they can visit us. Please advise how can my parents' unlawful stay in US be removed. Is it advisable to submit the documentation for B-2 visitor visa renewal without getting this matter resolved with USCIS first?

I would appreciate if anyone can respond to my questions.

Thanks.

[jonnasn]

following...I am also on similar situation...looking for advice

[newacct]

On 11/26/2022 at 10:17 AM, Kapil K said:

B-2 visitor visas for my parents were issued on 9/25/2012 and the expiration date was 9/23/2022. My parents have visited us in US on 12/5/2019 and they were supposed to return back to India on 3/16/2020. Note that they were granted an authorized period of stay until 6/4/2020. 

Due to the unexpected outbreak of COVID-19 pandemic, travel restrictions were imposed by several countries around the world and the airlines had cancelled the flights. I have filed application forms I-539 and I-539A for my parents to extend their stay in US for an additional 6 months and did get the USCIS receipt in the mail. When the airlines resumed the flights back to India in October of 2020, my parents left US because my dad has a chronic medical condition and needed to be seen by his doctor. The biometrics appointment from USCIS was sent in the mail in November of 2020. Since my parents left, I did not take any action. Earlier this month (November of 2022), USCIS has sent a notice that I-539 has been denied because of missing biometric appointment. 

My parents would like to get their B-2 visitor visas renewed so that they can visit us. Please advise how can my parents' unlawful stay in US be removed. Is it advisable to submit the documentation for B-2 visitor visa renewal without getting this matter resolved with USCIS first?

I would appreciate if anyone can respond to my questions.

Thanks.

There is nothing to "resolve". Their Extension of Stay application was automatically abandoned when they left the US, since it would be moot whether it is approved or denied. They were allowed to stay in the US while their Extension of Stay was pending, and did not accrue any "unlawful presence".